MAHARASHTRA INDUSTRIAL TOWNSHIP LIMITED

MITL
Maharashtra Industrial Township Limited
Notice Inviting Quotation (NIQ)

Notice Inviting Quotation (NIQ)

Notice inviting Quotation for Appointment of Agency for Design, Development, Integration,
Operations and Maintenance of Website of MITL (Ref No: MITL/DPIA/2024-25/01)

Maharashtra Industrial Township Limited (MITL) a SPV between the Maharashtra Industrial
Development Corporation (MIDC) and the National Industrial Corridor Development
Corporation (NICDC) invites Quotation for Appointment of Agency for Design, Development,
Integration, Operations and Maintenance of Website. The salient features of the project,
eligibility criteria and prescribed formats for submission can be accessed in the NIQ document
attached with this notice.

Bidders are requested to submit their responses to the NIQ on or before, 10th December 2024,
3:00 PM.

SD/-
Managing Director (MITL)

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Instructions to Bidders
1. Accessing/Purchasing of BID documents

(i) It is mandatory for all the Bidders to submit a letter signed by the authorized signatory
requesting for issue of Invitation for Quotation document along with Demand draft drawn in the
name of Maharashtra Industrial Township Limited, payable at Mumbai of Rs.1000 (Rupees One
Thousand only including applicable tax and cess) towards processing fee for BID (non-
refundable) to participate in bidding process. EMD (Bid Security) is also to be furnished by the
Bidder in the form of Demand Draft / Bank Guarantee (BG) as mentioned in Invitation for
Quotation document, issued from a scheduled Bank in the name of the MITL.

(ii) Bank details of Client required for Bank Guarantee:

Beneficiary Name - Maharashtra Industrial Township Limited
Address - Udyog Sarathi, MIDC Office, Andheri (E), Mumbai - 93
Name of the Bank - ICICI Bank Ltd.
Branch address - MIDC, Andheri (E)
Type of Account - Current Account
Account No - 054405007224
IFSC Code - ICIC0000544

2. Preparation & Submission of BIDs

The Bidder may submit his response to the Invitation for Quotation in physical format by following
the instruction mentioned in the Invitation for Quotation document for submission of Bids.

(i) The documents shall be prepared and arranged as per the Quotation submission check list.
(ii) Quotation must be submitted physically at the office of MITL on or before 10th December 2024
(up to 1500 Hours IST).

3. Opening & Evaluation of BIDs

(i) Opening and evaluation of quotations will be done through physical verification process.
(ii) The Bidders can pay Processing Fees in the form of Demand Draft drawn on the name of MITL.

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Disclaimer
This Notice inviting Quotation (NIQ) is not an Agreement and is neither an offer nor invitation by the
Employer to the prospective Bidders or any other person. The information contained in this NIQ
document or subsequently provided to Bidder(s), whether verbally or in documentary or any other form
by or on behalf of the Employer or any of its employees or advisors, is provided to Bidder(s) on the
terms and conditions set out in this NIQ document and such other terms and conditions subject to which
such information is provided.

The purpose of this NIQ is to provide interested parties with information that may be useful to them in
making their technical and financial offers (BIDs) pursuant to this NIQ. This NIQ document includes
statements, which reflect various assumptions and assessments arrived at by The Employer in relation
to the Project. Such assumptions, assessments and statements do not purport to contain all the
information that each Bidder may require. This NIQ document may not be appropriate for all persons,
and it is not possible for the Employer, its employees or advisors to consider the objectives, financial
situation and particular needs of each party who reads or uses this NIQ document. The assumptions,
assessments, statements and information contained in the NIQ documents may not be complete,
accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations and
analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments, statements and information contained in this NIQ document and obtain
independent advice from appropriate sources.

Information provided in this NIQ document to the Bidder(s) 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 Employer accepts no responsibility for the accuracy or otherwise for any interpretation or
opinion on law expressed herein.

The Employer, its employees and advisors make no representation or warranty and shall have no
liability to any person, including any Bidder or Bidder under any law, statute, rules or regulations or tort,
principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which
may arise from or be incurred or suffered on account of anything contained in this NIQ document or
otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the NIQ
document and any assessment, assumption, statement or information contained therein or deemed to
form part of this NIQ document or arising in any way for participation in this Bidding Process.

The Employer 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 this NIQ
document.

The Employer may in its absolute discretion, but without being under any obligation to do so, update,
amend or supplement the information, assessment or assumptions contained in this NIQ document.
The issue of this NIQ does not imply that the Employer is bound to select a Bidder or Contractor cum
Service Operator for the Project and The Employer 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, expenses associated with
any demonstrations or presentations which may be required by The Employer, or any other costs
incurred in connection with or relating to its BID. All such costs and expenses shall remain with the
Bidder and The Employer shall not be liable in any manner whatsoever for the same or for any other
costs or other expenses incurred by a Bidder in preparation or submission of the BID, regardless of the
conduct or outcome of the Bidding Process.

Nothing in this NIQ document shall constitute the basis of a contract which may be concluded in relation
to the Project, nor shall such documentation/information be used in construing any such contract. Each
Bidder must rely on the terms and conditions contained in any contract, when, and if, finally executed,
subject to such limitations and restrictions which may be specified in such contract.

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The Bidders are prohibited from any form of collusion or arrangement to influence the selection and
award process of the Bid. Giving or offering of any gift, bribe or inducement or any attempt to any such
act on behalf of the Bidder towards any officer/employee of Employer or to any other person in a position
to influence the decision of the Employer for showing any favour in relation to this NIQ document or any
other contract, shall render the Bidder to such liability/penalty as the Employer may deem proper,
including but not limited to rejection of the Bid of the Bidder and forfeiture of its Bid Security.

Laws of the Republic of India are applicable to this Bid.

Each Bidder’s procurement of this NIQ document constitutes its agreement to, and acceptance of, the
terms set forth in this Disclaimer. By acceptance of this NIQ document, the recipient agrees that this
NIQ document and any information herewith supersedes documents(s) or earlier information, if any, in
relation to the subject matter hereto.

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Contents
1. Background ................................................................................................ 8
2. Objectives of the Proposed Website Development ....................................... 8
3. Scope of work for Website Developer .......................................................... 8
4. Minimum Testing Requirements .................................................................. 9
5. Acceptance Criteria for Website ................................................................ 10
6. Roles and Responsibilities ........................................................................ 10
7. Evaluation of Quotations ........................................................................... 11
8. Website Development Methodology .......................................................... 12
9. Timelines, Milestones and Payment Schedule ........................................... 12
10. SLAs during Operations and Maintenance Phase ........................................ 13
11. Qualification Criteria and Documents........................................................ 15
11.1 Qualification Criteria.............................................................................. 15
11.2 Technical Qualification Criteria .............................................................. 16
11.3 Key Personnel ........................................................................................ 16
12. Evaluation Criteria .................................................................................... 17
13. Quotation-Submission Checklist: .............................................................. 17
Annexure 1........................................................................................................ 19
Functional Requirements .................................................................................. 19
Annexure 2........................................................................................................ 25
Earnest Money Deposit/Bid Security and Performance Security .......................... 25
Annexure 2A...................................................................................................... 28
Format of Bank Guarantee for EMD .................................................................... 28
Annexure 2B...................................................................................................... 31
Format of Bank Guarantee for Performance Security .......................................... 31
Annexure 3........................................................................................................ 34
Format of Price Bid ............................................................................................ 34
Annexure 4........................................................................................................ 36
Format of Contract Agreement .......................................................................... 36
Annexure 5........................................................................................................ 39
General Conditions of Contract (GCC) ............................................................... 39

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1. General Provisions.................................................................................... 40
2. Commencement, Completion, Modification and Termination of Contract ... 43
3. Termination .............................................................................................. 44
4. Intellectual Property Rights and Copyright ................................................. 46
5. Vendors’ personnel .................................................................................. 47
6. Payments to the Vendors .......................................................................... 48
7. Obligations of the client ............................................................................ 48
8. Settlement of disputes .............................................................................. 49
9. Responsibility for accuracy of project documents ...................................... 49
10. Liquidated damages ................................................................................. 49
11. Intellectual Property Rights and Copyright ................................................. 49
12. Confidential Information ........................................................................... 50
13. Representation, Warranties and disclaimer ............................................... 50
14. Governing Law & Dispute Resolution ......................................................... 51
15. Software License Agreement ..................................................................... 52
16. Taxes and Duties ...................................................................................... 52
17. Stamp Duty .............................................................................................. 52

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List of Tables
Table 1- Timelines, Milestones and Payment Schedule ....................................................................... 13
Table 2- Service Level Requirements ................................................................................................. 13
Table 3- Performance Penalty ........................................................................................................... 14
Table 4- Commercial Criteria ............................................................................................................ 15
Table 5- Technical Qualification Criteria............................................................................................. 16
Table 6- Key Personnel Requirements ................................................................................................ 16
Table 7- Quotation submission checklist............................................................................................ 17
Table 8- Functional Requirements ..................................................................................................... 20

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1. Background

The Government of India is undertaking various Industrial Corridor Projects under the National Industrial
Corridor Development Programme (NICDC). This initiative aims to establish forward-looking industrial
cities in India that can compete on a global scale in manufacturing and investments. These projects are
expected to generate job opportunities and foster economic growth, contributing to overall socio-
economic development. Delhi Mumbai Industrial Corridor (DMIC) is the first among the 11 different
corridors being developed by NICDC. The Dighi Port Industrial Area (DPIA), a part of the DMIC is the
second industrial node being developed in Maharashtra, following the implementation of the Shendra
Bidkin Industrial Area (SBIA) also known as Aurangabad Industrial City (AURIC).
DPIA’s development and implementation is being undertaken by Maharashtra Industrial Township
Limited (MITL (formerly known as Aurangabad Industrial Township Limited (AITL)) a Special Purpose
Vehicle (SPV) between Mumbai Industrial Development Corridor (MIDC) and NICDC.
Aurangabad Industrial City (AURIC) which is one of India’s first greenfield industrial Smart Cities on the
outskirts of Aurangabad and has been developed by MITL. MITL was earlier known as AITL and
developed a brand identity in AITL’s name and website for AURIC which is till date being in use by all
stakeholders of MITL. MITL has now been entrusted with the development of more nodes in
Maharashtra. The next amongst them is the Dighi Port Industrial Area (DPIA). Further, MITL also needs
a new branding as it has been renamed as MITL (Maharashtra Industrial Township Limited) from AITL
(Aurangabad Industrial Township Limited).
Considering this a strong and visible identity and presence of renamed entity in cyber space is essential.
Thereby, a website that makes MITL’s digital presence visible across the globe is urgently required.
AURIC, DPIA and any other upcoming node will become a subset of the new entity that is MITL
The proposed website will serve as the starting point for MITL’s digital identity.

2. Objectives of the Proposed Website Development

MITL’s website is expected to serve as a communication tool that clearly conveys its mission, vision,
offerings and purpose. The website shall help prospective investors and other stakeholders to engage
with MITL. The website would enable MITL to track footfalls and collect data related to requirements of
the potential investors.
Key objectives considered for the development of the website are as below:
 Digital Identity: Create a Platform for potential customers or stakeholders to find information
about MITL vision, goals, offerings, and services regardless of geographical location or time
zone.
 Stakeholder Engagement: Create a user-friendly platform for clients, investors, and the public.
 Information Dissemination: Effectively communicate corporate information, services, and
updates.
 Tool for Branding: Tool for expressing MITL’s brand identity and personality through design
elements and messaging.

3. Scope of work for Website Developer

The scope of work for development of website for MITL would include, but not be limited to, the
following.
 Requirement gathering from all the stakeholders.
 Data collection, content creation along with proof-reading incorporating inputs such as standard
text, images, videos, other media, and rewrite/polish as provided by MITL.

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 Create concept for the website along with websites features, functionalities, and content
requirements.
 Create workflow and wireframe to visualize the layout and structure of the proposed website.
 Design the website’s visual design, including branding elements, colour schemes and typography
(font style, appearance, and structure).
 Develop website prototype based on stakeholder feedback.
 Translate the approved design into code using appropriate web technologies.
 Develop backend functionality such as content management systems (CMS), databases and other
custom features.
 Develop requisite features for the website such as it is responsive, optimized, and compatible on
various devices, screen sizes, operating systems, browsers, etc.
 Optimize content for search engines (SEO) and user experience (UX).
 Conduct thorough testing of the website’s functionality, usability and performance as per ATP
document. Conduct final checks to ensure the website is fully functional and accessible to users.
 Identification and fixing of any bugs, errors or issues identified during testing.
 Conduct a security audit of the website by a CERT-in accredited agency before deployment in live
server.
 Utilize hosting infrastructure provided by MITL and deploy the website in a live server.
 Configure domain settings and SSL certificates as per the requirements of MITL.
 Handover back up copy of the site design and source code to MITL.
 Provide training for administrations and content editors to manage and update the website.
 Create documentation and user manuals outlining the website’s features and maintenance
procedures.
 Offer maintenance and support services during operation and maintenance phase post go-live.
 Monitor website performance, security, and analytics to ensure optimal operation and user
experience as per SLAs.
 Conduct a final review with stakeholders to ensure all requirements as per contract are met.
 Obtain sign-off and approval for the completion of O&M phase.

In addition to the scope of work mentioned above for the end-to-end development of website, the vendor
has to also ensure testing as per the minimum testing requirements and development as per the
functional requirements in Annexure 1, which are also part of the bidder’s scope of work.

4. Minimum Testing Requirements

Before going live, the website should go through the testing as part of the Acceptance Test Plan (ATP)
to make sure the approaches are instrumental in conducting comprehensive evaluations of web
applications and websites, ensuring their quality, functionality, and performance align with desired
standards. As part of the ATP, the tests expected to be carried out by the Vendor at minimum are as
follows:
4.1 Functionality Testing: This type of testing focuses on checking if all the features and
functionalities of the website are working as intended.
4.2 Usability Testing: assesses how user-friendly and intuitive the website layout, design, and
overall UX is.
4.3 Compatibility Testing: ensures the website functions correctly across different device-
browsers-OS combinations with any inconsistencies in rendering or behaviour.
4.4 Cross-Browser Testing: Cross-browser testing is crucial as it ensures the website looks and

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functions correctly across browsers like Chrome, Firefox, Safari, and Edge.
4.5 Responsive Testing: This testing ensures that the website’s layout and design adapt
appropriately to different screen sizes and devices, providing a consistent user experience
across desktops, tablets, and smartphones.
4.6 Accessibility Testing: evaluates whether the website is usable by individuals with disabilities.
QA checks if the website adheres to accessibility standards under Web Content Accessibility
Guidelines (WCAG) testing.
4.7 Performance Testing: evaluates the website’s speed, responsiveness, and overall
performance.
4.8 User Acceptance Testing (UAT): UAT involves having end-users test the website to validate
that it meets their requirements and expectations.
4.9 Regression Testing: Regression testing involves retesting the website after making changes
or updates to ensure that new features or fixes don’t introduce new issues or break existing
functionalities.
4.10 Localization Testing: As the website is designed to be used in multiple languages or regions,
localization testing checks if the content, formatting, and functionality work correctly for each
specific locale.
In addition, the Vendor will also be required to carry out any additional tests that may be required for
the delivery of the website as per the scope of work to meet MITL requirements during the entire contract
period.

5. Acceptance Criteria for Website

Vendor should perform all the tests as mentioned in the Acceptance Test Plan (ATP) and generate a
consolidated report and submit it to the client for its review and acceptance. Only after the review and
approval of all the tests mentioned in the ATP, will the website development scope of work of vendor
be considered as completed.

6. Roles and Responsibilities

Effective collaboration and communication among MITL, website developer and PMNC will be essential
for the successful completion of website development project. This section details the breakdown of
their roles and responsibilities.

6.1 Vendor
1. Planning, execution, and delivery of the website development work as per scope of work,
specifications, and client requirements.
2. Website architecture development including recommendations on content and links.
3. Design of the pages, including UX and UI as per the requirements of MITL and ensure it is
intuitive, visually appealing, and easy to navigate.
4. Develop minimum 3 website prototype options for review and approval by MITL.
5. Provide uninterrupted availability of key personnel for development and testing work as per
approved deployment plan during the contract period.
6. Availability of the project manager and key personnel for the meetings, workshops, etc. with
the client at a short notice.
7. The backend development, server-side logic and requisite integrations as per the approved
design.
8. Installation, configuration and testing to verify SSL certificate is functioning correctly including
its maintenance during the O&M period of 1 year after Go-live.

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9. Configuration and customization of the CMS platform to meet the client requirement.
10. Provide technical support, assistance, and training to MITL and/or its nominated agencies as
and when required during the O&M period of 1 year after Go-live.
11. Handover of back up files for the site design and source code.

6.2 MITL
1. Provide the overall vision, goals and budget for the website development project.
2. Provide the logo, tagline, branding guidelines and other identity information including preferred
colour, fonts, text, images, videos, other media and marketing information as per the
requirement of Vendor.
3. Provide updated data and maps of existing nodes – Shendra and Bidkin & Dighi.
4. Provide content in the required language(s) to populate the webpages as per the approved
layout.
5. The access to vendor for AURIC.CITY website and associated links as per the finalised design
for the new website. Continuous maintenance and support of the AURIC.CITY website by the
concerned vendor.
6. Securing of the website domain name and registration of the same.
7. The server(s), databases, operating systems and any other hardware and software required for
hosting the website.
8. Procurement of SSL certificate for the website and its continuous renewal before the expiry of
SSL certificate validity.
9. Provide a single point of contact for providing approvals from MITL management.
10. Provide timely feedback, approvals of the deliverables like design mock-ups, website prototype,
content drafts and final website for on time development, testing and go-live by Vendor.

6.3 PMNC/Consultant
1. Provide inputs/ comments/ feedback to Vendor in areas such as Search Engine Optimization
(SEO), accessibility or industry specific requirements.
2. Offer guidance and recommendations to MITL on strategic decisions, technology choices, and
best practices for website development.
3. Review project deliverables such as design mock-ups, development content and code provided
by the vendor.
4. Coordinate between MITL and vendor.

7. Evaluation of Quotations

MITL will invite quotations from suitable agencies for selection of vendor for development of the website
and supporting MITL for operation and maintenance of website during the warranty period of One (1)
year after Go-live.
The proposed methodology shall be a 2-step process wherein Step 1 will be the review of minimum
qualification requirement. The evaluation of technical qualification will also be carried out in this step.
In the step 2, the financial bid of vendors who have technically qualified shall be opened. The lowest
bid (L1) of the technically qualified bidder shall be selected for the award of website development and
a Letter of Award (LoA) will be issued by MITL.

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8. Website Development Methodology

The selected agency shall develop the website as per the following steps:
1. Inception report and work plan
2. Collect and compile the client requirements through meetings, workshops, etc.
3. Submit proposed wire frame and the proposed workflow.
4. Obtain approval of the design concept
5. Develop and submit prototype of the proposed website.
6. Develop the website as per the approved design, scope of work and client requirements.
7. UAT of the website
8. Hosting of the website on the server
9. Go live & Handover of back up copy of the site design and source code.
10. Provide services and support during the warranty/O&M period of 1 Year.
MITL and PMNC shall provide the necessary inputs/ approvals to the selected agency during the design
and development phase till the website is live.

9. Timelines, Milestones and Payment Schedule

The successful development of website will require a structured and systematic approach to ensure
efficiency, reliability and seamless execution. The plan is to complete the website development and
O&M scope in three (3) stages: 1) Planning & design 2) Implementation and 3) Operation and
Maintenance.
The Planning and design stage will comprise of the Vendor submitting an Inception report to provide a
clear understanding of the project’s scope, objectives, approach and initial planning for all stakeholders
involved in the website development. This will be followed with the requirement gathering by the vendor
team with all stakeholders especially with MITL through meetings, workshop and face to face
interactions as per the requirement. Based on the requirement gathering exercise, Vendor will submit
material study and wire frame along with the workflow for review and approval of MITL and its
representatives.
Post the approval of design concept by MITL, Vendor will take up the development work for website as
part of the implementation stage. During the website development, Vendor will prepare an Acceptance
Test Plan (ATP) document incorporating the minimum tests required for the testing and submit it for the
review and approval of MITL. Once the website development is over, Vendor will carry out the User
Acceptance Testing (UAT) for the website along with MITL and seek approval for the hosting of website
in live environment. During the UAT, Vendor should also submit the hosting requirements to MITL so
that MITL can accordingly make the necessary arrangements for website hosting along with
procurement of Domain name and SSL certificate for hosting.
After the UAT sign off from MITL, Vendor should carry out deployment of website in the hosting
environment provided by MITL and handover the backup copy of the website design and source code
to MITL, to commence the Operation and Maintenance stage.
During the O&M stage, Vendor will provide the support and services to MITL as per the scope of work
and ensure the website availability for all stakeholders, adhering to the SLAs mentioned in the following
section of this document.
Based on the above website development plan, milestones for individual activities are given in the table
below, with the timeline in which the vendor must achieve the milestone and the corresponding payment
that the vendor is eligible to receive as part of the milestone completion.

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Table 1- Timelines, Milestones and Payment Schedule

% Payment to be
S. No Milestone Timeline Responsibility
released

a) Inception Report and Work Plan T+ 1 week Vendor 10%

Minutes of Workshop for

b) T+2 week Vendor 5%
Requirement gathering

Detailed material study and wire

c) frame submission with workflow T + 5 weeks Vendor 10%
finalization

d) Approval of design concept T + 7 weeks MITL 5%

Demonstration of Website
e) T + 10 weeks Vendor 10%
prototype

UAT of website as per scope of

f) work, ATP documents and T + 16 weeks Vendor 10%
Client requirements

Go live & Handover of back up

g) copy of the site design and T + 20 weeks Vendor 30%
source code

20% - To be divided
MITL equally and paid
h) Warranty period payments Post Go live
5% quarterly in 4
instalments.

T = 2 weeks from the issue of LoA

10. SLAs during Operations and Maintenance Phase

These SLAs shall be used to evaluate the performance of the services post the Implementation Phase
and commencement of the O&M Phase. These SLAs and associated performance shall be monitored
monthly. Penalty levied for non-performance as per SLA shall be deducted from payments due from
the Client or through the Performance Bank Guarantee.
Table 2- Service Level Requirements
S. Severity
Measurement Definition Target
No. level
Availability of Application >= 99.5% 0
website Downtime shall be >=99.0% to <99.5 % 1
application measured from the
time the website >=98.0% to <99.0% 2
6 becomes >=95.0% to <98.0% 3
unavailable for
>=90.0 % to <95.0% 4
user for performing
any activities and <90.0% up time measured on a monthly 5
tasks. basis.

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S. Severity
Measurement Definition Target
No. level
Percentage of Average Loading >=97% readings of average loading time 0
transactions time for per application to be within 10 seconds
meeting the applications ≥95.0% to <97.0 % readings of average 1
prescribed (including web loading time per application to be within
Loading time for applications) shall 15 seconds
all pages for the be calculated as
website and average of time ≥93.0% to <95.0 readings of average 2
related taken by all pages loading time per application to be within
portals/interface of an application to 20 seconds
7
be loaded over ≥91.0% to <93.0 readings of average 3
Internet or through loading time per application to be within
network. Assume 2 20 seconds
Mbps connection
≥90.0% to <91.0 readings of average 4
speed for testing
loading time per application to be within
purposes 20 seconds
<90.0% readings of average loading time 5
per application to be within 20 seconds

Vendor representative shall prepare and distribute Service level performance reports in a mutually
agreed format by the 5th working day of subsequent month. The reports shall include “actual versus
target” Service Level Performance, a variance analysis and discussion of appropriate issues or
significant events. Performance reports shall be distributed to Client management personnel as directed
by Client.
In case the total penalty levied due to performance issues exceeds 10% of the total contract value or
penalty is levied continuously for 3 months at any time of the contract, the Vendor will have to provide
reasons for the deficiency in resolving the performance issues. If the reason provided by the Vendor
are not justified, contract may be terminated by client by giving 1 month notice.
The performance penalty as per the severity level shall be as below:

Table 3- Performance Penalty

Severity Level Penalty as a percentage of applicable payment
5 5.0 %
4 4.0 %
3 3.0 %
2 2.0 %
1 1.0 %
0 No Penalty

All performance issues should be resolved within 24 working hours of intimation of the issue
by Client. Issues lasting beyond 24 hours, would necessitate an in-person presence of the
Vendors Service Personnel till resolution of the issue.

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11. Qualification Criteria and Documents

This section details the Qualification criteria and Technical Qualification and the key personnel required
to be part of the Project Team, along with the documents required for the selection of the successful
bidder.

11.1 Qualification Criteria

This section lists the commercial qualification criteria for selecting a website developer and evaluating
potential developers and identify suitable partner who possess the necessary expertise, experience and
resources to deliver the website that aligns with the goals and objectives of MITL. The details are given
in the table below:
Table 4- Commercial Criteria
Basic
S. No. Specific Requirements Documents Required
Requirement
The bidder shall be registered in  Certificate of incorporation
India against Companies Act
1. Legal Entity 1956 and shall be operating in
India for the last 5 (five) years.

The Bidder shall have an Extracts from the audited Balance

average annual turnover of INR sheet and Profit & Loss Account.
2. Turnover 30 Lakh over the last three (3) AND
Financial Years (FY 2023-24, FY Certificate from the Statutory
2022-23 and FY 2021-22). Auditor/Company Secretary
The Bidder should have a Extracts from the audited Balance
positive net worth, as on the last sheet and Profit & Loss Account.
3. Net Worth date of latest audited financial AND
year. Certificate from the Statutory
Auditor/Company Secretary
The Bidder should have Bidder should submit the
completed/ ongoing at least five following:
website design &  Project Competition
implementation projects Certificate from client
Government/ Semi-government/  Agreement/ Purchase Order /
Relevant PSU department with operation
4. Work Order issued by client.
Experience and maintenance in last 5 (five)  For Ongoing project: Client
years as on date of submission. Certificate confirming scope
of work.
 Links of Websites developed
and maintained
The key persons should be on Declaration by the Human
5. Key personnel the payroll of the bidder resources head of the bidding
company
Valid ISO 9001 – 2015 Copy of valid certification
6. Certifications
Certification or Higher
Bidder should not have been A Self Certified letter by the
blacklisted by Govt. of India/ authorized signatory
7. Blacklisting
Govt. of Maharashtra / PSUs on
the date of bid submission.

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Basic
S. No. Specific Requirements Documents Required
Requirement
The Bidder must have either a A Self Certified letter by the
registered office in Mumbai or authorized signatory
undertake to have project
8. Local Presence persons available in Mumbai
(When required for meetings)
during the development stage of
the assignment

11.2 Technical Qualification Criteria

Bidders who meet the qualification criteria would be considered as qualified to move to the next stage
of technical qualification and financial evaluations. The details of technical parameters based on which
the bidders would be evaluated are given in the table below:
Table 5- Technical Qualification Criteria
S. No Evaluation Criteria
A The Bidder should have completed/ ongoing at least five projects of website design and
implementation with a similar or Government/Semi-government/PSU department.

 5 Websites with AMC contract of similar organisations or Government/Semi-

government/PSU department of value more than Rs. 10 Lakh each
B A presentation showing the concept and the creative idea of the website to MITL along with
Approach and Methodology
C Key Resources required for the assignment.
Bidder should also submit detailed CVs of staff deployed for the project and positioned at
MITL. Bidder will ensure that each resource to be assigned should have essentially been
through complete life cycles as specified elsewhere for each of the disciplines = creative,
technical & content writer.

11.3 Key Personnel

This section details the requirements and criteria for the key personnel required for the evaluation and
selection of the bidder.
Table 6- Key Personnel Requirements

S.NO Key Personnel Minimum Qualification

Should have headed / lead complete end to end life cycle of at least 2
1 Team Leader
website projects for Government/Semi-Government/PSU sector.

Should be Graduate preferably with B.E. / B. Tech. in Computer

Technology
2 Science/IT / Electronics / Electronics & Telecommunications / Electrical
Specialist
or Master’s in Computer Application (MCA) with experience of 5 years.

Creative Should be a graduate with creative experience of designing at least 5

3
specialist websites.

Should be a graduate with experience of content writing for at least 3

4 Content writer
years.

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12. Evaluation Criteria

The financial bid of vendors who have technically qualified shall be opened. The lowest bid (L1) of the
Technically qualified bidder shall be selected as the winning bid for award of the Website development
contract.

13. Quotation-Submission Checklist:

The bidders may submit the bid following the instructions appearing in the invitation for Quotation and
ensure to submit all the required details and documentation as per the submission checklist given
below:
Table 7- Quotation submission checklist

Provided Remarks, If
S. No. Invitation for Quotation Requirement Page No.
(Yes/No/NA) Any

1. Certificate of Incorporation

Extracts from the Audited Balance Sheet and

2.
Profit & Loss Account for Turnover

Certificate from Statutory Auditor/Company

3.
Secretary for Turnover

Extracts from the Audited Balance Sheet and

4.
Profit & Loss Account for Net Worth

Certificate from Statutory Auditor/Company

5.
Secretary for Net Worth

6. Power of Attorney for Authorized Signatory

Project Competition Certificate from client for

7.
Relevant Experience

Agreement/ Purchase Order / Work Order

8.
issued by client for Relevant Experience

For Ongoing project: Client Certificate

9. confirming scope of work for Relevant
Experience

Links of Websites developed and maintained

10.
for Relevant Experience

Declaration by the Human resources head for

11.
Key Personnel

12. ISO 9001- 2015 certificate or Higher

A Self Certified letter by an authorized

13.
signatory for non-Blacklisting

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Provided Remarks, If
S. No. Invitation for Quotation Requirement Page No.
(Yes/No/NA) Any

A Self Certified letter by an authorized

14.
signatory for Local Presence

Declaration by the Human resources head of

15. the bidding company regarding availability of
Key Resources during the entire project period

16. Original Price Bid (Refer Annexure 3)

Signed & stamped Invitation for Quotation

17. document (by Authorized Signatory) – 1
original copy only

18. Bid Security – EMD (Refer Annexure 2 & 2A)

Performance Bank Guarantee Form (Refer

19.
Annexure 2 & 2B)

Copy of Goods and Service Tax registration in

20.
India

Key Resources CVs with supporting

21.
Qualification documents

Declaration regarding availability of Key

22. Resources during the entire project period by
the Authorized Signatory

23. Work Schedule

24. Approach & Methodology

One Original + Two copies of bid (Technical

25.
proposal & Qualifications each)

26. Soft copy of technical bid in USB drive

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Annexure 1

Functional Requirements

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Functional Requirements
Further to the scope of work mentioned in the invitation for Quotation document, the minimum
Functional requirements that the new website should adhere to are given below:

Table 8- Functional Requirements

MITL Corporate Website

The Website is expected to be of world class standard and follow Government of India
FR.1
& Government of Maharashtra guidelines for websites

Home Page: A clean, visually compelling home page that quickly conveys to the
visitor, the MITL’s mission and what MITL does. It will include (but not limited to) the
following information either directly or linked through other pages:
 About MITL
 Message from the MD
 Investment opportunities
 Link to the earlier MITL portal & Land management system
 Separate sections on Shendra, Bidkin & Dighi with maps
 Weather Information
 Tenders
 Key statistics
 GIS map
 Links to Facebook, twitter etc.
FR.2
 Photo Gallery
 Online Services listing (e-governance services)
 RTI
 FAQs
 Feedback
 Contact Us
 Login
 Search
 News & Updates
 Job postings & opportunities
 Link to Land Management System
 Link to MITL services.
 Website Visit Counter.

The home page should have menu bars at the top & bottom.
 The top bar could have: About, Do-business, Live here, Connect, Apply for
land, Notifications, Careers as a minimum.
FR.3
Each tab could have sub tabs such as:
 MITL
 Vision

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 Success story
 Key personnel
 Gallery
 Master plan – Shendra & Bidkin Industrial Area (AURIC), Dighi Port Industrial
Area (DPIA)
 Partners
 Land bank
 Infrastructure
 Rules & policies
 Newsletter
 Quality of life
 Interesting facts
 Events
 Attractions
 Services
 Places to visit.
 Tenders
 Notices
 Office orders
 Circulars
 DC Rules
 CSR activities
 Recent updates
 Policies & reports
As part of the Inception report the new website vendor should provide the design details
for review and approval of MITL, post which the website development will be taken up.

FR.4 Corporate Branding: Clearly communicates a sense of ‘identity’ at first glance.

FR.5 Visual appeal: The site must have an attractive mix of text, images, audio and video.

Fast Loading Pages: Optimization of web pages for a faster browsing experience with
FR.6
compatibility with key industry browsers and platforms.

Responsive Design: The site must be mobile optimized through responsive design
methods. Therefore, it should detect that a mobile device is being used and present
FR.7
the user with the mobile version first. The user should be able to switch to the desktop
version and adjust resolution and format accordingly.

Simple and clear navigation: The site should be easy to navigate. Information should
be grouped and presented in a logical manner and require no more than three levels
FR.8 of “drill down” for the user to find the desired information thus creating a clean, clear,
easy and satisfying user experience. This should include drop down menus, so that
the visitor can easily find what they are looking for with a few clicks of the mouse.

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Search Tools: Provide search capabilities using key words or phrasing that will
provide access to content from throughout the site. Additionally, make it possible to
download historical and recent data whereby the user can define his/her preference.
FR.9
Select a platform that allows users to search content of the website easily and quickly
without the need for extremely high-speed devices (desktop, laptop and mobile) and
high-speed internet access.

Links: Links should be placed within the website to allow individuals to contact
FR.10 institutions affiliated with the MITL and access to the portal as well as to the respective
Ministries (can be called Useful Links).

Easy access to Key performance indicators: Seamless integration with MITL

FR.11 dashboard data to provide continuously updated graphs and charts. This will be
decided with MITL input & consent.

FR.12 There should be maps and data for each of the 3 sites – Shendra, Bidkin & Dighi

News/Update feed: Constant and dynamic update feed on site home page. Displays
FR.13
announcements and notifications for new content additions on front page of site.

FR.14 Contact Form: Provides a web-based contact form with anti-spam controls.

Automated e-mails: automatically send follow-up emails to our stakeholders

FR.15 (subscribers) if they visited a specific web page or completed some specific task (e.g.,
survey) on the website.

Calendar: A dynamic calendar that displays events as well as filters for searching/
FR.16
sporting events.

FR.17 Social Media Engagement Tools: New tools to improve interaction with social media.

FR.18 Blog: The site should have a Blog section to facilitate discussions on various topics.

Career: The site should have a career section which should accept online job
FR.19
application that would be fed directly into the HRM system.

Language Options: The website ought to be easily translated into other languages
FR.20
i.e., Hindi and Marathi even if documents remain in English.

Search Engine Optimization (SEO): Website availability using common search

FR.21
engines to ensure it is optimized using SEO.

Compatibility: Site must be compatible with common operating platforms including

FR.22 Google Chrome, Microsoft® Internet Explorer 8.0 or higher, Microsoft Edge, Mozilla
Firefox, and Safari 5.0 or higher.

Mobile Access: Site must be “responsively designed” to accommodate mobile users.

FR.23 This also includes accommodations for slower, cellular internet connections. This
includes compatibility with iOS, Android, and other industry standard platforms.

FR.24 Settings: Website must not require plug-ins as a default.

FR.25 Performance: Site must be able to handle multimedia (video) with high performance.

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HTML Compliance: HTML 5.0 or higher

CSS Compliance: CSS 3
Programming Languages: PHP
FR.26
Web Development Framework: Angular
Database: My SQL
Interface: Web API

Parallel sites: After ‘Go Live’ there should be two (2) sites running parallel, one for
FR.27 testing purposes and the other for production. All maintenance should be carried out
in the test environment and be approved before migrating to the live environment.

Easy Maintenance: Site should be easy to maintain, site should not require significant
FR.28 investment of time to keep site up and working with quick and easy fixes site should
be easy to update with new content.

FR.29 Security: Site shall be secure against hacking and other vulnerable activities.

Design and Construction

Work closely with the MITL at each stage of the design to identify user needs and
FR.30
corresponding user interface requirements, workflows, and functionalities.

Ensure integration of all elements including content, information format, compatibility

FR.31
with software platforms used by MITL and standards for content management.

Select a platform that allows easy integration of multimedia products and user-friendly
FR.32
interface with administrative rights for MITL or its nominated representatives.

Create wireframes, storyboards, and prototypes to propose options for implementation.

FR.33 Provide three (3) template designs for review to select a concept. Concepts should
reflect the MITL’s corporate identity, nature, and purpose.

Develop corresponding user interface components (web templates, style sheets,

FR.34
scripts, images, dashboards, social media interfaces) as needed.

Use simple, cost-effective techniques to test designs with representatives of target

FR.35
audience prior to launch of site.

FR.36 Submit the final concept to MITL for review prior to ‘going live.’

FR.37 Secure the existing website prior to transitioning to the new platform.

FR.38 Keep a full backup of the website through the duration of the Project.

Manage all upgrades and updates on the website including content update in an
FR.39
efficient and integrated manner.

MITL will own and host the new site design and will be provided with a full backup copy
FR.40
of the site design and code at the closing of the project.

FR.41 GIS map to be published on the MITL website with linkages to apply for land.

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A security audit: The website must go through a comprehensive security audit by a

FR.42 CERT-in accredited agency. In addition, the vendor should follow the latest Guidelines
for Indian Government Websites (GIGW) as given in the National Portal of India.

Security standards: In adherence to Indian cybersecurity standards, such as the

Information Technology (IT) Act, 2000, and the National Cyber Security Policy, the
development agency must incorporate robust security measures to safeguard against
FR.43 potential threats and ensure confidentiality, integrity, and availability of all digital
assets. Various aspects of security will include vulnerability assessments, penetration
testing, code reviews, authentication and authorization mechanisms and data
encryption as required.

Website design shall support easy upgrades and updates on content without the need
FR.44
to redo the base design.

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Annexure 2

Earnest Money Deposit/Bid Security and

Performance Security

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1. Earnest Money Deposit/Bid Security

 An Earnest Money Deposit (EMD) amount of Rs.25000 in the form of an irrevocable and
unconditional bank guarantee/DD drawn in favour of the Client and payable at Mumbai
must be submitted along with the Proposal.
 Format of Bank Guarantee for EMD is given in Annexure – 2A
 Proposals not accompanied by EMD shall be rejected as non-responsive.
 The EMD submitted along with the Proposal will remain valid for a period of 60 days beyond
validity period of the Proposal, including any extensions thereof.
 No interest shall be payable by the Client for the sum deposited as EMD.
 The EMD of the unsuccessful Bidders will be returned within 2 months of signing of the Contract
with the successful Bidder. The EMD of the successful Bidder will be returned upon the selected
Bidder furnishing the Performance Security.
 The EMD in original shall be placed in an envelope and attached with the envelope containing
the Qualification Documents.
 The EMD shall be forfeited and appropriated by the Client as mutually agreed genuine pre-
estimated compensation and damages payable to the Client for the time, cost and effort of the
Client, without prejudice to any other right or remedy that may be available to the Client under
the Invitation for Quotation or in law under the following conditions:
a) If a Bidder withdraws or modifies its Proposal during the Proposal validity period or any
extension agreed by the Bidder thereof.
b) If a Bidder is disqualified.
c) If the Bidder tries to influence the evaluation process or engages in corrupt, fraudulent,
coercive, or undesirable practice or restrictive practice.
d) If a Bidder is declared the first ranking Bidder and it:
o withdraws its Proposal during negotiations. However, failure to arrive at a consensus
between the Client and the first ranked Bidder shall not be construed as withdrawal of
proposal by the first ranked Bidder.
o fails to furnish the Performance Security in accordance with the Invitation for Quotation
requirement.
o fails to sign and return, as acknowledgement, the duplicate copy of the letter of award.
o fails to fulfil any other condition precedent to the execution of the Contract, as specified
in the letter of award; or
o fails to execute the Contract.

2. Performance Security
 Upon selection and issue of Letter of Award (LoA) by MITL, the Bidder shall furnish to the Client,
a performance security within 15 days of issue of LoA and before execution of the Contract to
secure the due performance of the obligations of the Bidder under the Contract (the
Performance Security).
 Format of Bank Guarantee for Performance Security is given in Annexure – 2B
 The Performance Security will be in the form of an unconditional, irrevocable, and on-demand
bank guarantee issued in favour of the Client in the format approved by the Contract.
 The Performance Security shall be for an amount equal to 5% (Five percent) of the total
value of the Contract.

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Annexure 2A

Format of Bank Guarantee for EMD

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BG No. Date:

1. In consideration of you, Maharashtra Industrial Township Limited (Formerly known

as Aurangabad Industrial Township Limited), represented by Managing Director, having its
registered office at Mumbai (hereinafter referred to as the “Authority” which expression shall, unless
repugnant to the context or meaning thereof, include its administrators, successors and assigns)
having agreed to receive the proposal of [Name of company], a company registered under the
Companies Act, 1956 and having its registered office at [registered address of company] (hereinafter
referred to as the “Bidder” which expression shall unless it be repugnant to the subject or context
thereof include its successors and assigns), for appointment as Website Developer for Design,
Development, Integration, Operations and Maintenance of Website of MITL (hereinafter referred to
as the “Developer”) pursuant to the Notice Inviting Quotation (NIQ) document dated [date] issued in
respect of the website development work and other related documents including without limitation
the draft contract for the website development work (hereinafter collectively referred to as “Notice
Inviting Quotation (NIQ) Documents”), we [Name of the Bank] having our registered office at
[registered address] and one of its branches at [branch address] (hereinafter referred to as the
“Bank”), at the request of the Bidder, do hereby in terms of relevant clause of the Notice Inviting
Quotation (NIQ) Document, irrevocably, unconditionally and without reservation guarantee the due
and faithful fulfilment and compliance of the terms and conditions of the Notice Inviting Quotation
(NIQ) Document by the said Bidder and unconditionally and irrevocably undertake to pay forthwith
to the Authority an amount of Rs.25,000 [Rupees Twenty Five Thousand Only] (hereinafter referred
to as the “Guarantee”) as our primary obligation without any demur, reservation, recourse, contest
or protest and without reference to the Bidder if the Bidder shall fail to fulfil or comply with all or any
of the terms and conditions contained in the said Notice Inviting Quotation (NIQ) Document.

2. Any such written demand made by the Authority stating that the Bidder is in default
of the due and faithful fulfilment and compliance with the terms and conditions contained in the Notice
Inviting Quotation (NIQ) Document shall be final, conclusive and binding on the Bank. We, the Bank,
further agree that the Authority shall be the sole judge to decide as to whether the Bidder is in default
of due and faithful fulfilment and compliance with the terms and conditions contained in the Notice
Inviting Quotation (NIQ) Document including, Document including without limitation, failure of the
said Bidder to keep its Proposal valid during the validity period of the Proposal as set forth in the
Notice Inviting Quotation (NIQ) Document, and the decision of the Authority that the Bidder is in
default as aforesaid shall be final and binding on us, notwithstanding any differences between the
Authority and the Bidder or any dispute pending before any court, tribunal, arbitrator or any other
authority.

3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and
payable under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether the claim of the
Authority is disputed by the Bidder or not, merely on the first demand from the Authority stating that
the amount claimed is due to the Authority by reason of failure of the Bidder to fulfil and comply with
the terms and conditions contained in the Notice Inviting Quotation (NIQ) Document including without
limitation, failure of the said Bidder to keep its Proposal valid during the validity period of the Proposal
as set forth in the said Notice Inviting Quotation (NIQ) Document for any reason whatsoever. Any
such demand made on the Bank shall be conclusive as regards 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. 25,000/- (Rupees Twenty-Five Thousand only]).

4. This Guarantee shall be irrevocable and remain in full force for a period of 90 (Ninety)
days from the Proposal Due Date and a further claim period of thirty (30) days or for such extended
period as may be mutually agreed between the Authority and the Bidder, and agreed to by the Bank,
and shall continue to be enforceable until all amounts under this Guarantee have been paid.

5. The Guarantee shall not be affected by any change in the constitution or winding up
of the Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank with
any other person.

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6. In order to give full effect to this Guarantee, the Authority shall be entitled to treat the
Bank as the principal debtor. The Authority shall have the fullest liberty without affecting in any way
the liability of the Bank under this Guarantee from time to time to vary any of the terms and conditions
contained in the said Notice Inviting Quotation (NIQ) Document or to extend time for submission of
the Proposals or the Proposal validity period or the period for conveying of Letter of Award (LoA) to
the Bidder or the period for fulfilment and compliance with all or any of the terms and conditions
contained in the said Notice Inviting Quotation (NIQ) Document by the said Bidder or to postpone
for any time and from time to time any of the powers exercisable by it against the said Bidder and
either to enforce or forbear from enforcing any of the terms and conditions contained in the said
Notice Inviting Quotation (NIQ) Document or the securities available to the Authority, and the Bank
shall not be released from its liability under these presents by any exercise by the Authority of the
liberty with reference to the matters aforesaid or by reason of time being given to the said Bidder or
any other forbearance, act or omission on the part of the Authority or any indulgence by the Authority
to the said Bidder or by any change in the constitution of the Authority or its absorption, merger or
amalgamation with any other person or any other matter or thing whatsoever which under the law
relating to sureties would but for this provision have the effect of releasing the Bank from its such
liability.

7. Any notice by way of request, demand or otherwise hereunder shall be sufficiently

given or made if addressed to the Bank and sent by courier or by registered mail to the Bank at the
address set forth herein.

8. We undertake to make the payment on receipt of your notice of claim on us addressed

to [Name of bank along with branch address] and delivered at our above branch which shall be
deemed to have been duly authorised to receive the said notice of claim.

9. It shall not be necessary for the Authority to proceed against the said Bidder before
proceeding against the Bank and the guarantee herein contained shall be enforceable against the
Bank, notwithstanding any other security which the Authority may have obtained from the said Bidder
or any other person and which shall, at the time when proceedings are taken against the Bank
hereunder, be outstanding or unrealised.

10. We, the Bank, further undertake not to revoke this Guarantee during its currency
except with the previous express consent of the Authority in writing.

11. The Bank declares that it has power to issue this Guarantee and discharge the
obligations contemplated herein, the undersigned is duly authorised and has full power to execute
this Guarantee for and on behalf of the Bank.

12. For the avoidance of doubt, the Bank’s liability under this Guarantee shall be
restricted to Rs. [in figures] ([in words]). 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 8
hereof, on or before [date].

Signed and Delivered by [name of bank]

By the hand of Mr. /Ms. [name], it’s [designation] and authorised official.

(Signature of the Authorised Signatory) (Official Seal)

Notes: The Bank Guarantee should contain the name, designation and code number of the
officer(s) signing the Guarantee.
The address, telephone number and other details of the Head Office of the Bank and issuing
Branch (within Mumbai limits) should be mentioned on the covering letter of issuing Branch.

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Annexure 2B

Format of Bank Guarantee for

Performance Security

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(To be stamped in accordance with Stamp Act if any, of the country for issuing bank)

Ref.: Bank Guarantee:

Date:

Dear Sir,

In consideration of M/s Maharashtra Industrial Township Limited (hereinafter referred as the ‘Client’,
which expression shall, unless repugnant to the context of meaning thereof include its successors,
administrators and assigns) having awarded to M/s [name of Developer] a [type of company],
established under laws of [country] and having its registered office at [address] (hereinafter referred
to as the Developer which expression shall unless repugnant to the context or meaning thereof,
include its successors, administrators, executors and permitted assigns), an Assignment for
preparation of [name of assignment] Contract by issue of Client’s Contract Letter of Award (LoA) No.
[reference] dated [date] and the same having been unequivocally accepted by the Developer,
resulting in a Contract valued at Rs. [amount in figures and words] for (Scope of Work) (hereinafter
called the ‘Contract’) and the Developer having agreed to furnish a Bank Guarantee amounting to
Rs. [amount in figures and words] to the Client for performance of the said Agreement.

We [Name of Bank] incorporated under [law and country] having its Head Office at
[address](hereinafter referred to as the Bank), which expression shall, unless repugnant to the
context or meaning thereof, include its successors, administrators executors and assigns) do hereby
guarantee and undertake to pay the Client immediately on demand an or, all monies payable by the
Developer to the extent of Rs. [amount in figure and words] as aforesaid at any time up to [date]
without any demur, reservation, contest, recourse or protest and/ or without any reference to the
Developer. Any such demand made by the Client on the Bank shall be conclusive and binding
notwithstanding any difference between the Client and the Developer or any dispute pending before
any Court, Tribunal, Arbitrator or any other authority.

We agree that the Guarantee herein contained shall be irrevocable and shall continue to be
enforceable until the Client discharges this guarantee.

The Client shall have the fullest liberty without affecting in any way the liability of the Bank under this
Guarantee, from time to time to vary the advance or to extend the time for performance of the
Contract by the Developer nor shall the responsibility of the bank be affected by any variations in
the terms and conditions of the contract or other documents. The Client shall have the fullest liberty
without affecting this guarantee, to postpone from time to time the exercise of any powers vested in
them or of any right which they might have against the Client and to exercise the same at any time
in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in
the Contract between the Client and the Developer any other course or remedy or security available
to the client. The Bank shall not be relieved of its obligations under these presents by any exercise
by the Client of its liberty with reference to the matters aforesaid or any of them or by reason of any
other act or forbearance or other acts of omission or commission on the part of the Client or any
other indulgence shown by the Client or by any other matter or thing whatsoever which under law
would but for this provision have the effect of relieving the Bank.

The Bank also agrees that the Client at its option shall be entitled to enforce this Guarantee against
the Bank as a principal debtor, in the first instance without proceeding against the Developer and
notwithstanding any security or other guarantee that the client may have in relation to the
Developer’s liabilities.
This Guarantee shall be irrevocable and shall remain in full force and effect until discharge by the
Bank of all its obligations hereunder.

This Guarantee shall not be affected by any change in the constitution or winding up of the Developer
/the Bank or any absorption, merger or amalgamation of the Developer /the bank with any other
Person.

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Notwithstanding anything contained herein above our liability under this guarantee is limited to Rs.
[amount in figure and words] and it shall remain in force up to and including [date] and shall extend
from time to time for such period(s) (not exceeding one year), as may be desired by M/s [name of
Developer] on whose behalf this guarantee has been given. Date this [date in words] day [month] of
[year in ‘yyyy’ format] at [place].

WITNESS

1. [signature, name and address]

2. [signature, name and address]

[Official Address] Designation

[With Bank Stamp]

The stamp papers of appropriate value shall be purchased in the name of bank which issues the
‘Bank Guarantee’. The bank guarantee shall be issued either by a bank (Nationalized/Scheduled)
located in India with its office/branch within Mumbai limits or a foreign bank through a correspondent
bank (scheduled) located in India with its office/branch within Mumbai limits `or directly by a foreign
bank which has been determined in advance to be acceptable to the Client.

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Annexure 3

Format of Price Bid

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Price bid

Sr. Description of Unit Quantity Amount (in INR) including all

No. Work/Service taxes/duties/levies/cess
excluding GST
(in (in words)
figures)
1 Design, Lump 1
Development, Sum
Integration,
Operations and
Maintenance of
Website

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Annexure 4

Format of Contract Agreement

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(On Stamp Paper of appropriate value as per Maharashtra Stamp

Act, 1958 and as amended from time to time)

Contract to undertake [name of assignment]

This CONTRACT (hereinafter called the “Contract”) is made on the [Date in words] day of the month
of [month] [year in ‘yyyy’ format], by and between

The Maharashtra Industrial Township Limited (MITL) (formerly known as Aurangabad Industrial
Township Limited) having registered office at Udyog Sarathi, MIDC office, Marol Industrial Area,
Andheri (East), Mumbai, Maharashtra – 400093 hereinafter referred to as the “Client” which
expression unless repugnant to context or meaning thereof shall include its successors, affiliates
and assigns) of the First Part.

AND,

[Name of Developer and registered address] (hereinafter called the “Developer”) WHEREAS

a) The Client has requested the Developer to provide certain services as defined in the
General Conditions attached to this Contract (hereinafter called the “Services”).

b) The Developer, having represented to the Client that they have the required
professional skills, personnel and technical resources, have agreed to provide the services on
the terms and conditions set forth in this Contract.

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of
this Contract:

a) The General Conditions of Contract (hereinafter called “GCC”)

b) The following Appendices:

Appendix A: Functional Requirements,

Appendix B: Developers Key Resources details with supporting documents for their
qualification requirements, Declaration by the Human resources head for
Key resources, Work schedule and schedule for submission of various
deliverables

Appendix C: Approach and methodology

Appendix D: Notice Inviting Quotation (NIQ) Document

Appendix E: Price Bid

Appendix F: “Conformed Document” which incorporates all the changes,

modifications and results of the contract discussion

Appendix G: Copy of Letter of Award

Appendix H: Copy of letter of Award acceptance by Developer

Appendix I: Copy of Bank Guarantee for Performance Security

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Appendix J: Contract clarifications (If any)

2. The mutual rights and obligations of the Client and the Developer shall be as set
forth in the Contract; in particular:

a) The Developer shall carry out the Services in accordance with the provisions of
the Contract; and

b) Client will make payments to the Developers in accordance with the provisions
of the Contract.

3. Priority of documents: The Parties expressly agree that in the event of any conflict,
inconsistency or contradiction between any clauses forming part of the documents constituting the
Contract, and more particularly mentioned in Clause 1 (of this contract) hereinabove, the documents
shall be interpreted in the following order of precedence:

a) The provisions of this Contract shall override all provisions of other documents
comprising the Contract.

b) the provisions of the GCC shall take precedence over all other documents
comprising the Contract; and

c) Any decision of the Client in relation to the priority of documents shall be final
and binding upon the Developer

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their
respective names as of the day and year first above written.

FOR AND ON BEHALF OF Client

[Signature]
[Name]
[Designation]

FOR AND ON BEHALF OF DEVELOPER

[Signature]
[Name]
[Designation]

Witness:
1. [Signature, name and address]
2. [Signature, name and address]

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Annexure 5

General Conditions of Contract (GCC)

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1. General Provisions
1.1 Definitions
Unless the context otherwise requires, the following terms whenever used in this Contract
have the following meanings:

a) “Applicable Law” means the all laws, bye-laws, rules, regulations, orders, ordinances,
protocols, codes, guidelines, policies, notices, directions, judgments, decrees and any other
instruments having the force of law in India as they may be issued and in force from time to time;

b) “Affiliate” means, with respect to any Party, any other entity that, directly or indirectly:
(a) Controls such Party; (b) is Controlled by such Party; (c) is Controlled by the same person
who, directly or indirectly, Controls such Party; and “Control” with respect to any person, shall
mean: (a) the possession, directly or indirectly, of the power to direct or cause the direction of
the management and policies of such person whether through the ownership of voting share
capital, by agreement or otherwise or the power to elect more than one-half of the directors,
partners or other individuals exercising similar authority with respect to such person; (b) the
possession, directly or indirectly, of a voting interest of more than 50%; and the terms
“Controlling” and “Controlled by” shall be construed accordingly;

c) “Client” means the Party named in the Contract, who employs the Vendor;

d) “Vendor” or “Vendors” means the party named in the Contract, who is employed as an
independent professional firm by the Client to perform the Services;

e) “Contract” means the Contract signed by the Parties, to which these General
Conditions of Contract (GC) constitute a part, together with all other documents listed in this
signed Contract;

f) “Contract Price” means the price to be paid for the performance of the Services;

g) “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value
to influence the action of a public official in the selection process or in contract execution.

h) “Effective Date” means the date on which this contract comes into force and effect
pursuant to clause hereof;

i) “Employer’s Engineer” means PMNC and/ or any of his appointed officers for
performance of the Contract;

j) “Fraudulent Practice” means a misrepresentation of facts in order to influence a

selection process or the execution of a contract to the detriment of the Client, and includes
collusive practice among Vendors (prior to or after submission of proposals) designed to
establish prices at artificial non-competitive levels and to deprive the Client of the benefits of free
and open competition.

k) “GCC” means the General Conditions of Contract;

l) “Government” means the State and/or Central Government of Client’s country;

m) “Local Currency” means the currency of the Government;

n) “Material Adverse Effect” means material adverse effect on (a) the ability of the Vendor
to observe and perform any of its rights and obligations under and in accordance with the
provisions of this Agreement and/or (b) the legality, validity, binding nature or enforceability of
this Agreement;

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o) Master Services Agreement (MSA) shall mean the same as “contract”;

p) “Party” means the Client or the Vendors, as the case may be, and Parties means both
of them;

q) “Performance Security” shall mean the irrevocable and unconditional bank guarantee
provided by the Vendor from a scheduled Indian bank as guarantee for the performance of its
obligations in respect of the Contract;

r) “Personnel” means persons hired by the Vendors or by any Sub-vendor as employees

and assigned to the performance of the Services or any part thereof;

s) “PMNC” means Programme Manager for New Cities, as appointed by the Client;

t) “Project” means “[name of assignment]”;

u) “Services” means the work to be performed by the Vendors pursuant to this Contract
as described in TOR;

v) “Site” means land or other places where the works are to be executed or other working
places as may be specifically designated by Client;

w) “Sub-vendors” means any entity to which the Vendors subcontract any part of the
Services in accordance with the provisions of this contract; and,

x) “Work Order” means a specific directive or order to perform a defined scope for a
defined duration and fee;

1.2 Law Governing Contract: This Contract, its meaning and interpretation, and the relation between
the Parties shall be governed by the Applicable Laws of India and shall be subject to the
jurisdiction of the Courts at Mumbai.

1.3 Language: This Contract has been executed in the language specified in the SC, which shall be
binding and controlling language for all matters relating to the meaning or interpretation of this
Contract.

1.4 Notices: Any notice, request or consent made pursuant to the Contract shall be in writing and
shall be deemed to have been made when delivered in person to an authorized representative of
the Party to whom the communication is addressed, or when sent by registered mail, telex,
telegram or facsimile to such Party at the address specified in the NIQ.

1.5 Location: The Services shall be performed at such locations as whether in Country or elsewhere,
as the Client may approve.

1.6 Authorized Representatives: Any action required or permitted to be taken, and any document
required or permitted to be executed, under this Contract by the Client or the Vendors may be
taken or executed by the officials in the NIQ.

1.7 Taxes and Duties: Unless otherwise specified in the NIQ, the Vendors, Sub-vendors and their
Personnel shall pay such taxes, duties, fees and other impositions as may be levied under the
Applicable Law, the amount of which is deemed to have been included in the Contract Price.

1.8 The Client shall be entitled to deduct any Taxes required to be deducted at source under
Applicable Law from any payments to be made by it to the Vendor. Further, in the event that the
Client receives notification or assessment of any Taxes (whether as an agent, or in substitution
of the Vendor, any Sub-vendors or its Personnel, servants, agents or otherwise) in respect of or

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arising out of the performance of the Vendor’s obligations under this Agreement which remain
outstanding, the Client shall notify the Vendor of the same and the Vendor shall promptly take all
necessary action for settlement and/or any other lawful disposal of such notification or
assessment. Furthermore, the Vendor shall pay forthwith on demand to the Client all costs
including fines and penalties, which the Client may incur as a result of:

1.9 the Client having been required by any governmental authority to pay any Taxes which the Vendor
is liable to bear hereunder; or

1.10 any cost actually sustained by the Client for failure by the Vendor to pay any Taxes for which it
is responsible under this Contract.

1.11 Interpretation: In the Contract, unless the context otherwise requires:

1.12 The singular includes the plural and vice versa and any word or expression defined in the
singular shall have a corresponding meaning if used in the plural and vice versa. A reference to
any gender includes the other gender.

1.13 A reference to any document, agreement, deed or other instrument (including, without
limitation, references to the Contract), includes a reference to any document, agreement, deed
or other instrument as may be varied, amended, supplemented, restated, novated or replaced,
from time to time.

1.14 A reference to any document, agreement, deed or other instrument (including, without
limitation, references to the Contract), means a reference to such document, agreement, deed or
other instrument and to all appendices, annexes, schedules and parts attached or relatable
thereto, all of which shall form an integral part of such document, agreement, deed or other
instrument, as the case may be.

1.15 A reference to any Applicable Law includes any amendment, modification, re- enactment or
change in interpretation or applicability of such Law and a reference to any statutory body or
authority includes a reference to any successor as to such of its functions as are relevant in the
context in which the statutory body or authority was referred to

1.16 Where a word or phrase has a defined meaning, any other part of speech or grammatical form
in respect of the word or phrase has a corresponding meaning.

1.17 The words ‘include’ and ‘including’ are to be construed without limitation. The terms ‘herein’,
‘hereof’, ‘hereto’, ‘hereunder’ and words of similar purport refer to the Contract as a whole. Where
a wider construction is possible, the words ‘other’ and ‘otherwise’ shall not be construed ejusdem
generis with any foregoing words.

1.18 In the Contract, headings are for the convenience of reference only and are not intended as
complete or accurate descriptions of the content thereof and shall not be used to interpret the
provisions of the Contract.

1.19 Any obligation not to do something shall be deemed to include an obligation not to suffer, permit
or cause that thing to be done. An obligation to do something shall be deemed to include an
obligation to cause that thing to be done.

1.20 The rule of interpretation which requires that a Contract be interpreted against the person or
Party drafting it shall have no application in the case of this Contract.

1.21 References to a person (or to a word importing a person) shall be construed so as to include:
a) Individual, firm, partnership, trust, joint venture, company, corporation, body corporate,
unincorporated body, association, organization, any government, or state or any agency of a
government or state, or any local or municipal authority or other Governmental Authority (whether or
not in each case having separate legal personality);

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b) That person’s successors in title and assigns or transferees permitted in accordance with the
terms of the Contract; and

c) References to a person’s representatives shall be to its officers, Personnel, legal or other

professional advisors, subcontractors, agents, attorneys and other duly authorized representatives.

2. Commencement, Completion, Modification and Termination of Contract

2.1 Effectiveness of Contract: This Contract shall come into effect on the date the Contract is signed
by both the Parties, or such other date as may be mutually agreed between the Client and the
Vendor.

2.2 Commencement of Services: The Vendor shall commence the Services on such date as the
parties may agree or from 15th (fifteen) day of effectiveness of the Contract or any date prior to
that, notified by the Client.

2.3 Expiration of Contract: Unless terminated earlier pursuant to relevant clauses in this contract
hereof, this Contract shall expire when Services have been completed and all payments have
been made at the end of such time period after the Effective Date as shall be specified in the
NIQ.

2.4 Modification: Modification of the terms and conditions of this Contract, including any modification
of the scope of the Services or of the Contract Price, may only be made by written agreement
between the Parties.

2.5 Force Majeure

2.5.1 Definition:

a)For the purposes of this Contract, “Force Majeure” means an event which is beyond the
reasonable control of a Party, and which makes a Party’s performance of its obligations under
the Contract impossible or so impractical to be considered impossible under the circumstances,
and includes, but not limited to war, riots, civil disorder, earthquake, fire, explosion, storm, flood
or other adverse weather conditions, strikes, lockouts or other industrial action (except where
such strikes, lockouts or other industrial action are within the power of the Party invoking Force
Majeure to prevent), confiscation or any other action by government agencies.

b) Force Majeure shall not include.

1) any event which is caused by the negligence or intentional action of a Party or such
Party’s Sub-Vendor or agents or employees, nor

2) any event which a diligent Party could reasonably have been expected to both.

i. take into account at the time of the conclusion of this Contract, and
ii. avoid or overcome in the carrying out of its obligations hereunder.

c) Force Majeure shall not include insufficiency of funds or failure to make any payment
required hereunder.
2.5.2 No Breach of Contract: The failure of a party to fulfil any of its obligations under the Contract
shall not be considered to be a breach of, or default under this Contract insofar as such inability
arises from an event of Force Majeure, provided that the Party affected by such an event:
a) has taken all precautions, due care and reasonable alternative measures in order to
carry out the terms and conditions of this Contract, and

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b) has informed the other party as soon as possible about the occurrence of such an
event.

c) the dates of commencement and estimated cessation of such event of Force Majeure;
and

d) the manner in which the Force Majeure event(s) affects the Party’s obligation(s) under
the Contract.

2.5.3 The Parties agree that neither Party shall be able to suspend or excuse the non- performance
of its obligations hereunder unless such Party has given the notice specified above.
2.5.4 Extension of Time: Any period within which a Party shall, pursuant to this Contract,
complete any action or task, shall be extended for a period equal to the time during which such Party
was unable to perform such action as a result of Force Majeure.
2.5.5 Consultation: Not later than thirty (30) days after the Vendor, as the result of an event
of Force Majeure, have become unable to perform a material portion of the Services, the Parties
shall consult with each other with a view to agreeing on appropriate measures to be taken in the
circumstances.
2.5.6 Suspension: The Client may, by written notice of suspension to the Bidder, suspend
payment to the Vendor hereunder if the Vendor fail to perform any of their obligations or any
deficiency in services under this Contract, including the carrying out of the Services, provided that
such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Vendor
to remedy such failure within a period not exceeding thirty (30) days after receipt by the Vendor of
such notice of suspension.
2.5.7 Step-in Rights
In event if the Employer is not satisfied with the performance of consultancy during execution of
whole of the work or part thereof then Employer may at any time shall take over the responsibility
for the Consultancy by issuing 15 days’ prior notice to the Vendor and shall assign the said work to
any other vendors or may carry out the said work with the employees of Employer. Under such
event Employer shall not pay the balance amount if any to the vendors and the vendor shall not be
allowed to participate in any of the work within MITL for at least 3 years

3. Termination
3.1 By the client: The Client may terminate this Contract, by not less than thirty (30) days’ or sixty
(60) written notice of termination to the Vendors, to be given after the occurrence of any of the
events specified in this clause:
a) if the Vendors do not remedy a failure in the performance of their obligations under the
Contract, within a period of sixty (60) days, after being notified or within such further period
as the Client may have subsequently approved in writing;

b) within thirty (30) days, if the Vendors become insolvent or bankrupt;

c) if, as the result of Force Majeure, the Vendors are unable to perform a material portion
of the Services for a period of not less than sixty (60) days;

d) within thirty (30) days, if the Vendor fails to comply with any final decision reached as
a result of arbitration proceedings pursuant to relevant clauses hereof;

e) within thirty (30) days, if the Vendor submits to the Client a false statement which has
a material effect on the rights, obligations or interests of the Client. If the Vendor places itself in

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position of conflict of interest or fails to disclose promptly any conflict of interest to the Client;

f) within thirty (30) days, if the Vendor, in the judgment of the Client has engaged in
Corrupt or Fraudulent Practices in competing for or in executing the Contract;

g) if the Client, in its sole discretion and for any reason whatsoever, within a period of
sixty (60) days’ decides to terminate this Contract.

3.2 By the Vendors: The Vendors may terminate this Contract, by not less than thirty (30) day’s’
written notice to the Client, such notice to be given after the occurrence of the events specified
in this clause:
a) if the Client fails to pay any money due to the Vendors pursuant to this Contract and
not subject to dispute pursuant to relevant clauses hereof within forty-five (45) days after
receiving written notice from the Vendors that such payment is overdue; or

b) if, as the result of Force Majeure, the Vendors are unable to perform a material portion
of the Services for a period of not less than sixty (60) days.
c) If the client fails to comply with any final decision reached as a result of amicable
settlement pursuant to Clause 6.8 hereof.

3.3 Cessation of Rights and Obligations: Upon termination of this Contract pursuant to actual
Termination, or upon expiration of this Contract pursuant to relevant clause hereof, all rights and
obligations of the Parties hereunder shall cease, except
(i) such rights and obligations as may have accrued on the date of termination or
expiration,
(ii) the obligation of confidentiality set forth in relevant clause hereof,
(iii) the Vendor’s obligation to permit inspection, copying and auditing of their accounts and
records set forth in clause hereof,
(iv) the rights of indemnity of the Client specified in clause and (v) any right which a Party
may have under the Applicable Law.

3.4 Cessation of Services: Upon termination of this Contract by notice of either Party to the other
pursuant to relevant clauses hereof, the Vendor shall, immediately upon dispatch or receipt of
such notice, take all necessary steps to bring the Services to a close in a prompt and orderly
manner and shall make every reasonable effort to keep expenditures for this purpose to a
minimum. With respect to documents prepared by the Vendor and equipment and materials
furnished by the Client, the Vendor shall handover all project documents under procedure
described in this contract.
3.5 Payment upon termination: Upon termination of this Contract, the Client will make the following
payments to the Vendors:
a) Remuneration pursuant to relevant clauses for Services satisfactorily performed prior
to the effective date of termination;

b) If the Contract is terminated pursuant to Clause 3.1 a), b), d), e) or f), the Vendor shall
not be entitled to receive any agreed payments upon termination of the Contract. However, the
Client may consider to make payment for the part satisfactorily performed on the basis of the
quantum merit as assessed by it, in its sole discretion, if such part is of economic utility to the
Client. Under such circumstances, upon termination, the Client may also impose liquidated
damages as per the provisions of relevant clauses of this Contract. The vendor will be required
to pay any such liquidated damages to Client within 30 days of termination date.

3.6 Disputes about Events of Termination: If either Party disputes Termination of the contract under
relevant clauses hereof, such Party may, within forty-five (45) days after receipt of notice of
termination from the other Party, refer the matter to arbitration under relevant clauses hereof, and
this Contract shall not be terminated on account of such event except in accordance with the terms

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of any resulting arbitral award.

4. Intellectual Property Rights and Copyright

4.1 General: The Vendors shall perform the Services and carry out their obligations hereunder with
all due diligence, efficiency and economy, in accordance with generally accepted professional
techniques and practices, and shall observe sound management practices, and employ
appropriate advanced technology and safe methods. The Vendors shall always act, in respect
of any matter relating to this Contract or to the Services, as faithful advisers to the Client, and
shall at all times support and safeguard the Client’s legitimate interests in any dealings with Sub-
vendors or third parties. Since the Delhi Mumbai Industrial Corridor project is to be implemented
as a joint venture between State Government and NICDIT, any State Government agency as
appointed by the State Government is to be continuously consulted, besides the Client, as a
major stakeholder in the Project.
4.2 Conflict of interest
4.2.1 Any breach of an obligation under Clause 6.4 shall constitute a conflict of interest
(“Conflict of Interest”). The Vendor shall comply and shall ensure the Sub- vendors and
Affiliates of the foregoing comply with the provisions of Clause 6.4 and any breach of
such an obligation shall constitute an event of default by the Vendor for the purposes of
this Contract. The Vendor shall promptly disclose any Conflict of Interest to the Client.
For the avoidance of doubt, the Vendor agrees that a disclosure of any Conflict of Interest
shall not in any manner whatsoever be deemed to cure such Conflict of Interest.
4.2.2 Vendors Not to Benefit from Commissions, Discounts, etc.: The remuneration of the
Vendors pursuant to relevant clauses hereof shall constitute the Vendor’s sole
remuneration in connection with this Contract or the Services, and the Vendors shall not
accept for their own benefit any trade commission, discount or similar payment in
connection with activities pursuant to this Contract or to the Services or in the discharge
of their obligations under the Contract, and the Vendors shall use their best efforts to
ensure that the Personnel, any Sub- vendors and agents of either of them, similarly shall
not receive any such additional remuneration.
4.2.3 Vendors and Affiliates Not to Engage in Certain Activities: The Vendors agree that, during
the term of this Contract and after its termination, the Vendors and their affiliates, as well
as any Sub-vendor and any of its affiliates, shall be disqualified from providing goods,
works or services (other than the Services and any continuation thereof) for any project
resulting from or closely related to the Services for the period of two years.
4.2.4 Prohibition of Conflicting Activities: Neither the Vendors nor their Sub-vendors nor the
Personnel shall engage, either directly or indirectly, in any of the following activities:
a) during the term of this Contract, any business or professional activities which would
conflict with the activities assigned to them under this Contract; and

b) after the termination of this Contact, such other activities as may be specified in the
NIQ

4.3 Confidentiality: The Vendors, their Sub-vendors, and the Personnel of either of them shall not,
either during the term or within two (2) years after the expiration of this Contract, disclose any
proprietary or confidential information relating to the Project, the Services, this Contact or the
Client’s business or operations without the prior written consent of the Client.

4.4 Vendor’s Actions Requiring Client’s Prior Approval: The Vendors shall obtain the Client’s prior
approval in writing before taking any of the following actions:
a) entering into a subcontract for the performance of any part of the Services, it being
understood (i) that the selection of the Sub vendor and the terms and conditions of the
subcontract shall have been approved in writing by the Client prior to the execution of the
subcontract, (ii) that the Vendors shall remain fully liable for the performance of the Services
by the Sub vendor and its Personnel pursuant to this Contract, (iii) that the extent of sub-

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contracting would be restricted to 30 (thirty) percent of the contract price, and (iv) the Client will
be provided by the Vendor with particulars (name, financial& technical background, sub-
consultancy fee) of the sub-vendor.

b) appointing such members of the Personnel, as are not mentioned in the Technical
Proposal, and

c) any other action that may be specified in the NIQ.

4.5 Reporting Obligations: The Vendors shall submit to the Client the reports and documents
specified in Scope of work, in the numbers, and within the periods set forth in this contract.

4.6 Documents Prepared by the Vendors to be the Property of the Client: All plans, drawings,
specifications, designs, reports, other documents and software submitted by the Vendors
pursuant to this contract shall become and remain the property of the Client, and the Vendors
shall, not later than upon termination or expiration of this Contract, deliver all such documents
and software to the Client, together with a detailed inventory thereof. The Vendors may retain a
copy of such documents and software. Restrictions about the future use of these documents
and software, if any, shall be specified in the NIQ.

4.7 Liability of the Vendors: Subject to additional provisions, if any, set forth in the NIQ, the Vendors’
liability under this Contract shall be as provided by the Applicable Law.
4.7.1 Insurance to be taken out by the Vendors: The Vendors (i) shall take out and maintain,
and shall cause any Sub vendors to take out and maintain, at their (or the Sub vendors’,
as the case may be) own cost but on terms and conditions approved by the Client,
insurance against the risks, and for the coverages, as shall be specified in the Special
Conditions (SC), and (ii) within 15 (fifteen) days of receiving any insurance policy
certificate in respect of insurances required to be obtained and maintained under this
clause, the Vendor shall furnish to the Client, copies of such policy certificates, copies of
the insurance certificates and evidence that the insurance premium have been paid in
respect of such insurance. No insurance shall be cancelled, modified or allowed to expire
or lapse during the terms of this Contract. (iii) if the Vendor fails to effect and keep in
force the aforesaid insurances for which it is responsible pursuant hereto, the Client will
apart from having other recourse available under this Contract have the option without
prejudice to the obligations of the Vendor, to take out the aforesaid insurance, to keep in
force any such insurances, and pay such premia and recover the costs thereof from the
Vendors, and the Vendors shall be liable to pay such amounts on demand by the Client.
(iv) the insurance policies so procured shall mention the Client as the beneficiary of the
Vendors and the Vendors shall procure an undertaking from the insurance company in
this regard.

5. Vendors’ personnel
5.1 Description of Personnel
5.1.1 The titles, agreed job descriptions, minimum qualifications and estimated periods of
engagement in the carrying out of the Services of the Vendors’ core team are described
in this contract. The core team are hereby approved by the Client. If additional work is
required beyond the scope of the Services specified in TOR, the level of effort and/or
staff assigned may be increased by agreement in writing between the Client and the
Vendors, provided that any such increase shall not, except as otherwise agreed, cause
payments under this Contract to exceed the ceilings set forth in this Contract.
5.1.2 If required to comply with the provisions of this Contract, adjustments with respect to level
of effort, staff assignments, time may be made by the Vendors by written notice to the
Client, provided (i) that such adjustments shall not alter the originally estimated period of
engagement, scope, qualifications of team or deliverables and (ii) that the aggregate of
such adjustments shall not cause payments under this Contract to exceed the ceilings

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set forth in this Contract. Any other such adjustments shall only be made with the Client’s
prior written approval.
5.2 Removal and/or Replacement of Key Personnel
5.2.1 Being a short term contract, the Client will not normally consider substitutions except in
cases of incapacity of key personnel for reasons of health. The replacement of the person
should be equally or better qualified and experienced personnel. Similarly, after award of
contract the Client expects all of the proposed key personnel to be available during
implementation of the contract. The Client will not consider substitutions during contract
implementation. Replacement will not be permitted without imposition of any penalty. Any
change in key personnel, thereafter, will attract a penalty per occurrence. However, the
bidder has to replace the personnel with equivalent or better qualification and experience.
The decision for the acceptance for the proposed person shall be with the approval of
the Employer.
5.2.2 If the Client finds that any of the Personnel have (i) committed serious misconduct or has
been charged with having committed a criminal action, or (ii) have reasonable cause to
be dissatisfied with the performance of any of the Personnel, then the Vendors shall, at
the Client’s written request specifying the grounds therefore forthwith provide as a
replacement a person with qualifications and experience acceptable to the Client.
5.2.3 Any of the Personnel provided as a replacement under clauses above, the rate of
remuneration applicable to such person as well as any reimbursable expenditures
(including expenditures due to the number of eligible dependents) the Vendors may wish
to claim as a result of such replacement, shall be subject to the prior written approval by
the Client. Except as the Client may otherwise agree, (i) the Vendors shall bear all
additional travel and other costs arising out of or incidental to any removal and/or
replacement, and (ii) the remuneration to be paid for any of the Personnel provided as a
replacement shall not exceed the remuneration which would have been payable to the
personnel replaced.

6. Payments to the Vendors

6.1 Payment terms: The Vendors total remuneration including out of pocket expenses shall not
exceed the Contract Price and shall be a fixed lump sum including all staff costs, Sub-
vendors’ costs, printing, communications, travel, accommodation, and the like, and all other
costs incurred by the Vendor in carrying out the Services. In addition to these, any
conditions mentioned in the NIQ shall also be applicable to this contract. The Contract Price
may only be increased, if the parties have agreed to additional payments in accordance
with relevant clauses hereof.
6.2 No payment shall become eligible for the next stage until the Vendor completes to the
satisfaction of the Client the work pertaining to the preceding stage.
6.3 Currency: The price is payable in local currency i.e. Indian Rupees.
6.4 Payment for Additional Services: For the purpose of determining the remuneration due for
additional services as may be agreed under relevant clauses for modification in this
contract.

7. Obligations of the client

7.1 Assistance and Exemptions: Unless otherwise specified, the Client will use its best efforts to
ensure that the Government will provide the Vendors, Sub-vendors and Personnel with work
permits and such other documents as necessary to enable the Vendors, Sub vendors or
Personnel to perform the Services:
7.1.1 assist for the Personnel and, if appropriate, their eligible dependents to be provided
promptly with all supporting papers for necessary entry and exit visas, residence
permits, exchange permits and any other documents required for their stay in India;
7.1.2 facilitate prompt clearance through customs of any property required for the Services;
7.1.3 issue to officials, agents and representatives of the Government all such instructions

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as may be necessary or appropriate for the prompt and effective implementation of

the Services;
7.1.4 Access to land: The Client warrants that the Vendors shall have, free of charge,
unimpeded access to all land in the Government’s country in respect of which access
is required for the performance of the Services.

8. Settlement of disputes
8.1 Amicable Settlement: The Parties shall use their best efforts to settle amicably all disputes
arising out of or in connection with this Contract or its interpretation.
8.2 Disputes Settlement: Any dispute between the Parties as to matters arising out of and relating
to this Contract that cannot be settled amicably within thirty (30) days after receipt by one Party
of the other Party’s request for such amicable settlement may be submitted by either Party for
settlement in accordance with the provision specified in the NIQ.

9. Responsibility for accuracy of project documents

9.1 General
9.1.1 The Vendor shall be responsible for accuracy of the Designs, drawings,
estimate and all other details prepared by him as part of these services. He shall indemnify
the client against any inaccuracy in the work, which might surface during implementation
of the project. The Vendor will also be responsible for correcting, at his own cost and risk,
the drawings including any re-survey/ investigations and correcting layout etc. if required
during the execution of the Services.
9.1.2 The Vendor shall be fully responsible for the accuracy of plans and drawings.
The Vendor shall indemnify the Client against any inaccuracy / deficiency in the designs
and drawings noticed and the Client will bear no responsibility for the accuracy of the
designs and drawings submitted by the Vendors.

10. Liquidated damages

10.1 If the Vendor fails to render timely services on or before the specified
deadline (as mutually agreed by both parties) and such delay is solely attributable to the
Vendor, without prejudice to any other right or remedy of Client on account of such delay,
the Vendor shall pay compensation at the rate of ¼ percent per week or part thereof of total
fees for that specified activity. Provided always that total amount of such compensation
shall not exceed 10% of contract price including any additions &/or deletions thereto. Any
period within which a Vendor shall complete any action or task shall be extended for a
period equal to the time during which Vendor was unable to perform such action as a result
of delays caused by others then the Vendors will be compensated to the tune of monthly
charges on man-month basis, which will be mutually decided between the Client and
Vendor.

11. Intellectual Property Rights and Copyright

11.1 The Intellectual Property Rights of the website and its content shall remain vested in
the owner of such rights, which is MITL.

11.2 The Client may assign, license, or otherwise voluntarily transfer its contractual rights to
use the website or elements of the website, without the vendor’s prior written consent, under
the following circumstances:
a. To any agency that shall be responsible to operate the project in the future in the event of
dilution of the Client or the responsibility being transferred from Client to other agency.
b. To any location or to any third-party service provider if the Client decides to outsource the
ICT maintenance to a third party.

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c. Integrating with additional similar or non-similar hardware for additional functional needs as
deemed suitable by the Client.
d. In the event of termination of contract during the operational period.
e. The vendor shall protect the Client from any liabilities arising there from. The vendor shall
indicate all those components on the website, if any, that cannot be bound by this condition
explicitly while responding to the bid and supporting with the corresponding evidence for
the same.
11.3 The Client or its nominated agency as decided by the Client shall have a right in
perpetuity to use all newly created Intellectual Property Rights which have been developed
solely during execution of the Contract, including but not limited to all process, product
specification, reports and other documents which have been newly created and developed
by vendor solely during performance of the Services. Vendor undertakes to disclose all such
Intellectual Property Rights arising in performance of the Service of the Client
11.4 Vendor shall not copy, reproduce, translate, adapt, vary, modify, disassemble,
decompile, or reverse engineer or otherwise deal with or cause to reduce or cause to reduce
the value of the materials except as expressly authorized by the Client in writing.
11.5 Vendor must ensure that while using any software, hardware, processes, documents,
or material in course of performing the service, it doesn’t infringe the Intellectual Property
rights of any person/Company. Vendor shall keep the Client indemnified against all costs,
expenses and liabilities howsoever, arising out of any illegal or unauthorised use or in
connection with any claim or proceedings relating to any Intellectual Property Rights by
vendor or vendor’s Team during the course of performance of the Services. Vendor’s liability
is excluded regarding any claim based on any of the following (a) anything Client provides
which is incorporated into the solution (b) the client’s modification of the solution (c) the
combination, operation, or use of the solution with other materials, if third party claim has
been caused by the combination, operation, or use of the solution.

12. Confidential Information

12.1 The "Receiving Party" (either the Client or the Vendor) shall keep confidential and shall
not, without the written consent of the other party to this Contract (“the Disclosing Party”),
divulge to any third party any documents, data, or other information of a confidential nature
(“Confidential Information”) connected with this Contract, and furnished directly or indirectly by
the Disclosing Party prior to or during performance, or following termination, of this Contract.
12.2 The vendor is also deemed to be the Receiving Party of Confidential Information
generated by the vendor itself in the course of the performance of its obligations under the
Contract and relating to the businesses, finances, vendors, employees, or other contacts of the
Client or the Client’s use of the System.
12.3 The Client shall not, without the vendor’s prior written consent, use any Confidential
Information received from the vendor for any purpose other than the operation, maintenance
and further development of the System. Similarly, the vendor shall not, without the Client’s prior
written consent, use any Confidential Information received from the Client for any purpose other
than those that are required for the performance of the Contract.

13. Representation, Warranties and disclaimer

13.1 The Vendor represents and warrants to the Client that:

13.1.1 it is duly organised, validly existing and in good standing under the applicable laws of its
Country;
13.1.2 it has full power and authority to execute, deliver and perform its obligations under this
Contract and to carry out the transactions contemplated hereby;

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13.1.3 it has taken all necessary corporate and other action under Applicable Laws and its
constitutional documents to authorize the execution, delivery and performance of this
Contract;
13.1.4 it has the financial standing and capacity to undertake the Project;
13.1.5 this Contract constitutes its legal, valid and binding obligation enforceable against it in
accordance with the terms hereof;
13.1.6 it is subject to laws of India with respect to this Contract and it hereby expressly and
irrevocably waives any immunity in any jurisdiction in respect thereof;
13.1.7 there are no actions, suits, proceedings, or investigations pending or, to the Vendor’s
knowledge, threatened against it at law or in equity before any court or before any other
judicial, quasi-judicial or other authority, the outcome of which may result in the breach of
or constitute a default of the Vendor under this Contract or materially affect the discharge
by the Vendor of its obligations under the Contract.
13.1.8 no representation or warranty by the Vendor contained herein or in any other document
furnished by it to the Client contains or will contain any untrue statement of material fact
or omits or will omit to state a material fact necessary to make such representation or
warranty not misleading; and
13.1.9 no sums, in cash or kind, have been paid or will be paid, by or on behalf of the Vendor,
to any person by way of fees, commission or otherwise for securing the Contract or for
influencing or attempting to influence any officer or employee of the Client in connection
therewith.

14. Governing Law & Dispute Resolution

14.1 This Contract shall be governed by and be construed and interpreted in accordance
with Indian law and subject to the courts of Mumbai, India shall have exclusive jurisdiction over
all matters arising out of or relating to this Contract.
14.2 If any dispute or difference of any kind whatsoever arises between the Parties in
connection with or arising out of or relating to or under this Contract, including disputes related
to its validity, interpretation, breach or termination (“Dispute”), the Parties shall promptly and
in good faith negotiate with a view to its amicable resolution and settlement.
14.3 In the event no amicable resolution or settlement is reached within a period of thirty
(30) days from the date on which the Party raising the Dispute notifies the same to the other
Party, either Party may refer such Dispute for arbitration. The arbitral tribunal shall consist of a
sole arbitrator appointed by mutual agreement of the Parties.
14.4 In case of failure of the Parties to mutually agree on a sole arbitrator, the arbitral tribunal
shall consist of three arbitrators. Each of the Client and the Vendor shall appoint one arbitrator
{(the arbitrator and the two arbitrators so appointed shall jointly appoint the third arbitrator.
14.5 The seat of arbitration shall be Mumbai and the arbitration shall be conducted in the
English language. The Arbitration and Conciliation Act, 1996 shall govern the arbitral
proceedings. The Parties shall use their reasonable efforts to facilitate the conduct of the
arbitration proceedings in an expeditious manner and the award rendered by the arbitral tribunal
shall be final and binding on the Parties.
14.6 In case of a sole arbitrator, the costs and expenses of the sole arbitrator shall be shared
equally between the Parties and in case the arbitral panel consists of three arbitrators, each
Party shall bear the cost of the arbitrator appointed by it and the costs of the third/presiding
arbitrator shall be shared equally between the Parties, provided that the arbitral tribunal shall
have the power to make an order in respect of costs. The Parties agree that nothing contained
herein shall restrict or impair the power of the arbitral panel to make an award in respect of the
costs and expenses of the arbitral proceedings and the apportionment thereof.

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15. Software License Agreement

15.1 The Vendor shall grant to the client license to access and use the Software, including
all inventions, designs and marks embodied in the software. All the software licenses and
applications specific to this project shall be provided with perpetual, royalty free licenses.

The License to access and use the software shall:

a. Be:
 Non-exclusive
 Fully paid up and irrevocable
 Valid throughout the territory of the Client’s country and
b. Permit the software to be:
 Used or copied for the use on or with the computers for which it is acquired plus a
backup computer(s) of the same or similar capacity if the primary is inoperative and
during a reasonable transitional period when use is being transferred between primary
and backup.
 Safekeeping or backup purpose
 Customized, adapted or combined with other computer software for use by the Client,
provided that derivate software incorporating any substantial part of the delivered,
restricted software shall be subject to same restrictions as are set forth in this Contract.
 the Software license shall permit the Software to be disclosed to and reproduced for
use (including a valid sublicense) by client appointed vendor or their subcontractors,
exclusively for such vendors or subcontractors in the performance of their contracts
awarded by Client, subject to the same restrictions set forth in this Contract.

16. Taxes and Duties

a. G.S.T. and other State levies/ cess which are not subsumed under G.S.T. will be applicable.
The tenderer shall quote inclusive of all taxes (excluding GST), levies, duties etc as applicable
at the time of bid submission.

b. GST as applicable shall be paid separately on submission of bills/invoice. Rates accepted by

MITL shall be good till completion of work and no additional individual claim shall be
admissible on account of fluctuations in market rates, any other levies/tolls etc.

c. It is clearly understood that MITL will not bear any additional liability towards payment of any
taxes and duties. Wherever the services to be provided by the bidders, fall under Reverse
Charge Mechanism, the price quoted shall be exclusive of G.S.T., but inclusive of taxes/
duties/ cess other than G.S.T., if any.

17. Stamp Duty

17.1 It shall be incumbent on the successful bidder to pay stamp duty on the contract

As per the provision made in Article 63, Schedule I of Bombay Stamp Act 1958, stamp duty
is payable for “works contract” that is to say, a contract for works and labour or services
involving transfer of property in goods (whether as goods or in some other form) in its
execution and includes a sub-contract, as under (amended 2015):
(a) Where the amount or value set forth in such contract does not exceed Rupees Ten Lakh
Five Hundred Rupees Stamp Duty

(b) Where it exceeds Rupees Ten Lakh Five Hundred Rupees plus 0.1% of the amount above
Rupees Ten Lakh subject to the maximum of Rupees Twenty-Five Lakh Stamp Duty

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For Bank Guarantee: 0.5% for the amount secured subject to maximum amount of Rs. Ten
Lakhs. After expiry of Bank Guarantee (BG) if BG extended, the extended BG will be treated
as new BG and stamp duty amount of 0.5% will be applicable for every extension.

ii. The successful bidder shall enter into a contract agreement (Refer Annexure 4) with MITL
within 15 days from the date of issue of Letter of Award (LoA) and the same should be
adjudicated for payment of Stamp Duty by the successful bidder.

iii. Further shortfall if any, in amount of stamp duty paid as against prescribed amount for the
documents executed in Mumbai City & Mumbai Suburban District be recovered from the
concerned work contractors and to deposit the deficit or unpaid Stamp Duty and penalty by
two separate Demand Draft or Pay Order in favour of “Superintendent of Stamp, Mumbai”
within 15 days from intimation thereof.

iv. All legal charges and incidental expenses in this respect shall be borne and paid by the
successful bidder.

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