government of india ministry of commerce & industry€¦ · company/firm/agency or any other...

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GOVERNMENT OF INDIA

MINISTRY OF COMMERCE & INDUSTRY OFFICE OF THE CONTOLLER GENERAL OF PATENTS, DESIGNS & TRADEMARKS

BOUDHIK SAMPADA BHAWAN, PLOT NO.32,

SECTOR –14, DWARKA, NEW DELHI -110075

BOUDHIK SAMPADA BHAWAN,

PLOT NO.32, SECTOR –14, DWARKA,

NEW DELHI -110075

e-mail:[email protected], Website: www.ipindia.nic.in,

Tele: 011-25300200, Fax: 011-28034301, 02

Limited Tender Enquiry Notice

SUPPLY OF IT MANPOWER (PROGRAMING, NETWORKING ETC.) BY NICSI

EMPANELLED VENDOR AT VARIOUS OFFICES UNDER THE CONTROLLER

GENERAL OF PATENTS, DESIGNS & TRADE MARKS

mailto:[email protected]

http://www.ipindia.nic.in/

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No.IPO/IT-DIV/Manpower/2019/01-03 Date: 11/03/2019

Controller General of Patents, Design & Trade Marks (CGPDTM) invites sealed bids through Limited

tender for “Supply of IT manpower (programming, networking etc.) at various offices under the

Controller General of Patents, Designs & Trade marks” from NICSI empaneled Vendors in Two Bid

system (Technical & Financial).

The valid NICSI empaneled vendors, interested in responding to this limited tender must submit their bids

in the prescribed formats along with all necessary documents and information requested herein.

The bids may be submitted latest by 12:00 PM on 01.04.2019.

Under this process, the Technical as well as financial Bid shall be invited at single stage under two covers

i.e. Technical & Financial Envelope. Eligibility and qualification of the Applicant will first be examined based

on the details submitted under first cover (Technical) as per eligibility and qualification criteria prescribed

in this Tender document. The Financial Bid under the second cover shall be opened for only those

Applicants whose Technical bids are responsive to eligibility and qualifications requirements as per Tender

document and are declared qualified in technical evaluation. CGPDTM may seek any further clarification or

documents as required.

: Administrative Officer

Disclaimer: CGPDTM or any person authorized by the competent authority shall not be responsible for any

omission or errors on the part of Bidder.

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Table of Contents 1. Background and Requirements: ............................................................................................................... 4

2. Eligibility Criteria: ...................................................................................................................................... 4

3. Submission of Bids: ................................................................................................................................... 5

4. Critical Dates ............................................................................................................................................. 6

5. Scope of Work and Requirement: ............................................................................................................ 6

6. Location and Quantum of Deployment: ................................................................................................... 6

7. Technical Requirement for Manpower to be deployed *: ........................................................................ 8

8. Base Rate approved by NICSI for each of the resource category (as on 30-01-2019) *: ......................... 11

9. Job Profile of Technical Manpower ........................................................................................................ 12

10. Terms & Conditions of Tender: ........................................................................................................... 15

11. General Terms and Conditions of Contract ........................................................................................ 16

12. Liabilities, Control etc. and Other Conditions for the Manpower: ..................................................... 18

13. Breach of Terms & Conditions: ........................................................................................................... 20

14. Subletting of Work: ............................................................................................................................. 20

15. Jurisdiction: ......................................................................................................................................... 20

16. Legal: ................................................................................................................................................... 20

17. Force Majeure: .................................................................................................................................... 21

18. Arbitration: ......................................................................................................................................... 21

19. Applicable Law: ................................................................................................................................... 21

20. Technical Bid: ...................................................................................................................................... 22

21. Annexure- ‘A’ ...................................................................................................................................... 24

22. Annexure- ‘B’ ...................................................................................................................................... 25

23. Annexure ‘C’ ........................................................................................................................................ 26

24. Annexure ‘D’ ....................................................................................................................................... 29

25. Annexure- ‘E’ (Financial Bid) ............................................................................................................... 30

26. Annexure- ‘F’ ....................................................................................................................................... 31

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1. Background and Requirements:

The Office of Controller General of Patents, Designs & Trade Marks ( C G P D T M ) discharges statutory

function under the Patents Act, 1970, the Trade Marks Act, 1999, the Designs Act, 2000 and the

Geographical Indications of Goods (Registration and Protection) Act, 1999. The administrative powers are

delegated by the Controller General of Patents, Designs and Trade Marks (CGPDTM) to the officers

working at different levels in various divisions. To support these Officers, the IP Office engages contractual

manpower having varying degrees of skills in IT for development/ maintenance/ networking/ handholding

etc. at various levels such as:

Development and maintenance of application software

Maintenance of Network/ VPN/LAN/Website

Content management & Document Preparation

Troubleshooting of IT matters

Support in application modules

2. Eligibility Criteria:

1) The bidder should be a valid NICSI empaneled agency (Category B) for supply of IT manpower on the

day of submission of the bid.

Attach copy of NICSI empanelment.

2) The bidder shall have the single point of contact for Office of CGPDTM.

Attach an undertaking to this effect for single point of contact.

3) Bidder should not be blacklisted or currently under dispute in any Govt. dept./PSU etc.

An undertaking (self-certificate) that the bidder has not been blacklisted by a Central / State

Government/PSU institution and there has been no ongoing /current litigation with any

Central / State Government/PSU institution on account of such services shall be submitted.

4) Bidder should be registered and should have GSTN and income tax PAN Number.

Attach valid documentary proof of GST registration and the details of income tax registration

number (PAN).

5) The bidder should be registered with the Employees Provident Fund Organization (EPFO) and

Employees State Insurance Corporation (ESIC) on the date of bid submission.

Attach the valid and relevant documentary proof for the same.

Note: The copies of above mentioned documents shall be duly attested by the bidder with signature and

stamp.

The bidder must fulfill the above eligibility criteria on the date of submission of bid. Bids fulfilling the

above eligibility criteria will only be evaluated. Bids not fulfilling the eligibility criteria given above shall be

summarily rejected. Undertaking for subsequent submission of any of the above documents will not be

entertained under any circumstances.

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Office of CGPDTM reserves the right to verify/confirm all original documentary evidence submitted by the

bidder in support of above mentioned clauses of eligibility criteria. Failure to produce the same within the

period notified in writing by CGPDTM shall result in summary rejection of the bid and/or termination of

the contract with imposition of the contract clauses on the bidder by the CGPDTM.

3. Submission of Bids:

Bids against this limited tender shall be received through the sealed envelope. The limited tender will be

submitted in the following manner:

Envelope No-I (Sealed):-Eligibility documents & Technical Bid.

Envelope No-II (Sealed):-Financial Bid.

Envelope No-III (Sealed):-Outer envelope containing envelope I & II.

Bids should be submitted after filling the details clearly and correctly without any alterations/cuttings etc.

Such cuttings/alteration etc. even if accompanied by signature shall be liable to be rejected. The

envelopes should be marked as “Financial Bid for supply of IT manpower tender 2019-20” / “Technical

bid for supply of IT manpower tender 2019-20” on the respective envelopes

Bidders are required to furnish the rates strictly in the prescribed Performa of Financial bid. Financial bid

shall contain price only and no other documents shall be enclosed with the financial bid.

The bidders are required to submit the following:

Acceptance of Technical Bid (prepared on Company’s Letter head) - Annexure ‘A’.

Undertaking by the bidder- Annexure ‘B’.

Copies of respective documents as mentioned in eligibility criteria along with the Technical bid as

per para 20.

Complete tender document duly signed and stamped on each page by the bidder in token of

having understood and agreed to the terms and conditions mentioned.

Financial Bid in financial bid envelop.

Validity of bids shall be for 90 days from the date of opening of tender. The Bids are to be submitted latest

by 12:00 PM on 01.04.2019 at the following address:

The Administrative Officer,

The Patent Office,

Boudhik Sampada Bhawan,

Plot No.32, Sector –14, Dwarka, New Delhi -110075

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4. Critical Dates

1) Publishing Date: 11.03.2019

2) Seek Clarification Start Date: 11.03.2019

3) Seek Clarification End Date: 18.03.2019

4) Bid Submission End Date: 01.04.2019 (upto 1200Hrs)

5) Bid Opening Date: 01.04.2019 (1500Hrs)

For any queries relating to the process of bid submission, bidder may contact through email on [email protected]. (Subject: Queries f o r I T manpower tender 2019-20) to seek clarifications.

5. Scope of Work and Requirement:

The contract for supply of above mentioned manpower initially will be for three years. The period of

the contract may be further extended for one year provided the requirement of the CGPDTM for the

above manpower persists at that time, or, may be curtailed/ terminated at any time before the normal

tenure owing to deficiency in service or substandard quality of manpower deployed by the selected

Company/Firm/Agency or any other reason which may deem necessary including without assigning any

reason. The CGPDTM or a person Authorized by him however, reserves right to terminate this initial

contract at any time after giving one-month notice to the selected service providing

Company/Firm/Agency.

The CGPDTM has initial requirement as mentioned below for IT manpower (Programmers, Networking

Engineers etc.) that are well conversant with technologies as specified in the technical qualifications of

each manpower. The requirement of the CGPDTM may increase or decrease during the initial period of

contract also.

6. Location and Quantum of Deployment:

The Manpower is required to be deployed at following locations:

a) Intellectual Property office, Delhi

b) Intellectual Property office, Mumbai

c) Intellectual Property office, Chennai

d) Intellectual Property office, Kolkata

e) Intellectual Property office, Ahmedabad

The requirement is initially for three years from the date of taking up of supply of manpower in pursuance

of contract unless extended further by mutual agreement of the CGPDTM and service provider, on the

same terms and conditions or otherwise as mentioned in the tender document. The current requirement

of manpower at each location is given as under. However, the same may also increase or decrease on the

requirement of the Department.

mailto:[email protected]

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S.

No

Designation Delhi Mumbai Kolkata Chennai Ahmedabad Total

1 Sr.Project Manager - -

2 Project Manager Level 2 1 1

3 Project Manager Level 1 - 0

4 Tech Lead Level 2/ Solution

Architect/Security Expert

8 1 1 1 1 12

5 Tech Lead Level 1/ Server

Admin/DBA

2 2

6 Senior Programmer /Senior

Technical Support

Engineer/Sr.Testing

Engineer/Training

Specialist/Document

Writer/UI Designer (Level 2)

13 1 1 15

7 Senior Programmer /Senior

Technical Support

Engineer/Sr.Testing

Engineer/Training

Specialist/Document

Writer/UI Designer (Level 1)

10 1 1 12

8 Programmers/Technical

Support Engineer/Testing

Engineer

4 4

Grand Total 46

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7. Technical Requirement for Manpower to be deployed *:

Sl.

No.

Name of the resource

Category

Experience Minimum Number of

years on rolls of Agency

or worked on

Government /PSU

projects**

Basic

Qualification* &

Experience# in

years

M. Tech/ M.E I

MS in

Computer

Science I IT I

Electronics 1 Sr. Project Manager 12+ 11+ 3+

2 Project Manager Level2 10+ 9+ 3+

3 Project Manager Level 1 8+ 6+ 3+

;;..;:;::-- # Required Experience for

Sl. no. 1, 2 & 3

Experience in areas such as application development,

technology management, and demonstrated ski l ls in

configuration management, data management,

information management, network security, IT

architecture, infrastructure design, systems integration

and systems life cycle management. Worked on software

development for major projects with proven programming

skills and having

exposure with version control systems like RCS I CVS/ SVN.

4 Tech Lead Level 2

/Solution Architect/

Security Expert

6+ 5+ 2+

5 Tech Lead Level 1/Server

Admin/DBA

4+ 3+ 2+

6 Senior Programmer / Senior

Technical Support Engineer /

Sr. Testing Engineer /

Training Specialist/

Document Writer/UI

Designer (Level 2)

3+ 2+ 1+

7 Senior Programmer/ Senior

Programmer / Senior

Technical Support Engineer /

Sr. Testing Engineer /

Training Specialist/

Document Writer/UI

Designer (level 1)

2+ 1+ 0

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# Required Experience for

Sl. no 4, 5 ,6 & 7

For Senior Programmer I Senior Technical Support

Engineer: Experience in software development for major

software development projects with proven programming

skills and having exposure with version control systems

like RCS/CVS/SVN. The candidate should be aware of the

latest technology development in hardware and

s o f t w a r e and c a p a b l e of leading a team of

developers/programmers.

For documents writers : having the ability to create,

assimilate, and convey technical material in a concise and

effective manner

For Testing Engineer: Experience in Test planning, Testing

techniques (test design and test execution), Reporting

defects and test results, Queering databases, Operating

a test automation tool, Programming a test etc. Having

exposure to Testing tools like Meter and Bug tracking tools

like bugzilla.

For Server Admin: Experience in design, install,

administer, and optimize of servers, management of the

server environment, assist in overseeing the physical

security, integrity, and safety of the data server.

For DBA: experience in carrying out performance, integrity

and security of a database. Must be able to do planning,

development and troubleshooting, maintaining data

standards, including adherence to the Data Protection

Act; writing database documentation, controlling

access permissions and privileges; developing. managing

and testing back-up and recovery plans; ensuring that

storage, archiving, back-up and recovery procedures are

functioning correctly; capacity planning etc.

Training Specialist: Good at Communication, Clarity of

Speech, Sound technical knowledge of the domain in

which training is to be imparted , Ability to make

presentations/charts /graphs, conduct class room

sessions, compile information on the courses, take

feedback and compile.

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Solution Architect: Experience of assessing project needs

in various domains. The candidate must be able to offer

value addition to the project requirements and also with

respect to the future needs and socio-economic aspects.

Selection and application of technology must be their

strength and must be capable of managing multiple

projects.

Security Expert: Experience in same role (i.e. Security

Expert). Exposure to BS15000 process /ISO 27001/ BS

7799I ISO 20000I ITIL or ITIL certified and should be able to

carry out security audit of applications and also assist

development teams in resolution of these security bugs.

## UI Designer: Experience in Web / Mobile Devices UI-

UX design and development

8 Technical Support

Engineer / Testing

Engineer

NA NA NA

* Basic Qualification for all

the above resource

levels (Except UI Designer)

(a) B.Tech /BE/MCA with specialization in Computers/

Electronics I IT

OR

(b) M.Sc. in computer Science/IT with One year Experience

in Software Development /Implementation

OR

(c) Master's Degree in Physics/ mathematics/ Statistics/

Operational Research/Electronics with

EITHER with Post Graduate Diploma in Computer Science /

DOESEC (A level) certification with One year Experience in

Software Development Projects OR

Two year Experience in Software

Development/Implementation Projects

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** Basic Qualification for UI

Designer

Minimum Bachelor in Fine Arts (BFA) / Masters in Fine Arts

(MFA)/B. Arch / B. Design/ M. Design / PG diploma in Web

Design from Government recognized institutions 9 Programmer NA I NA I NA

* Basic Qualification

required for

Programmer

(a) B. Tech/BE/MCA

OR

(b) M.Sc. in computer Science/ IT/ Physics /

mathematics / Statistics/ Operational Research

/Electronics

OR

(c) Graduate in Computer Science/ ITI Physics/

mathematics/ Statistics / Operational Research I

Electronics

i. with EITHER Post Graduate Diploma in Computer

Applications (PGDCA) I DOEACC(A level) certification

OR

ii. One year Experience in Software Development,

operation and maintenance.

8. Base Rate approved by NICSI for each of the resource category (as on

30-01-2019) *: Table 1

Sr. No. Resource Category Gross Charges per

Month (INR)

1 Senior Project Manager 1,32,000

2 Project Manager Level 2 99,000

3 Project Manager Level 1 77,000

4 Tech Lead / Solution Architect/Security Expert (Level 2) 60,500

5 Tech Lead / Server Admin/DBA (Level 1) 49,500

6

Senior Programmer /Senior Technical Support Engineer/Sr.Testing

Engineer/Training Specialist/Document Writer/UI Designer (Level 2) 41,800

7

Senior Programmer /Senior Technical Support Engineer/Sr.Testing

Engineer/Training Specialist/Document Writer/UI Designer (Level 1) 33,000

8 Programmers/Technical Support Engineer/Testing Engineer 24,200

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*

The base rates for each of the resource category as mentioned above shall be revised by 10%

every year from the date of contract.

These base rates along with revisions shall continue to be valid till the term of Contract under

this limited tender.

9. Job Profile of Technical Manpower

1) Sr. Project Manager/ Project Manager

a) Thorough understanding of both the theoretical and practical aspects of project

management phases, techniques and tools.

b) Ability to initiate the project, determining the scope and requirements of the project.

c) Ability to plan and execute the project as per the scope, work plan, deliverables, testing Q/A,

assessment and completion of the project.

d) Independently handling application architecture, design methodologies and well versed with

all stages of Project Management Life Cycle.

e) Should have the ability to understand the client’s need.

2) Solution Architect

a) Ability to understand the general technological functions and problems.

b) Ability to gather the business requirements of the users and be able to prepare the

requirement document

c) Ability to lay out and implement the system architecture of the overall solution of the project.

d) Convert the approved architecture into details design document.

3) Tech Lead

a) Independently handling of system design, software development modules allocation and

integration of the modules.

b) Keeping abreast of the technological advances and application of latest technology tools for

software development.

c) Overall responsibility of a user’s application.

d) Guiding teams of Sr. Programmers and Programmer in meeting the above job profiles.

e) Overall responsibility of meeting the project timelines.

4) Senior Programmer:

a) Software maintenance of the existing applications and developing new applications.

b) Guidance to programmer on project operations and software development.

c) Maintaining user defined time schedules of software development.

d) Preparation of system and operations manuals for the application software.

e) Preparation of training manuals and scheduling user’s training.

f) Act as a system administrator by allocating/removing redundant user-id and passwords.

g) Ensuring strict compliance to the back-up schedules.

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h) Day to day coordination with the user for software maintenance.

i) Responsibility for meeting the timelines.

5) Programmer:

a) Independently handling the software project operations on the client machines.

b) Front-end application software development.

c) Update the front-end software using the patches supplied by the project in charge.

d) Scheduled report generation.

e) Supervision of Input/output to the projects being handled.

f) Coordination with maintenance agencies and providing first line of maintenance.

g) Net browsing to address subject specific queries of the users.

h) Project training and computer basics training to user officials.

i) Regular management & development of the project web portal as and when received from the

system administrator.

6) Database Administrator:

a) The DBA shall be responsible for backup of storage as per the policies of IPO/NIC at the Data

Centre. These policies would be discussed with The DBA at the time of installation and

configuration. It should be noted that the activities performed by the DBA will be under the

supervision of NIC.

b) The DBA shall be responsible for monitoring and enhancing the performance of scheduled

backups, schedule regular testing of backups and ensuring adherence to related retention

policies.

c) The DBA shall be responsible for prompt execution of on-demand backups of volumes and

files whenever required by NIC or in case of upgrades and configuration changes to the system.

d) The DBA shall be responsible for real-time monitoring, log maintenance and reporting of

backup status on a regular basis. The DBA shall appoint administrators to ensure prompt

problem resolution in case of failures in the backup processes.

e) The administrators shall undertake media management tasks, including, but not limited to,

tagging, cross-referencing, storing, logging, testing, and vaulting in fire proof cabinets (onsite

and offsite).

f) The DBA shall also provide support for file and volume restoration requests at the Data Centre.

g) Coordination with maintenance agencies to handle situations like network choking,

network viruses, hard disk crashes etc.

7) Server Administrator:

a) Design, installation, administration & optimization of Servers.

b) Management of Servers/Server Environment.

c) Assistance in security, integrity & safety of servers.

d) Independently monitoring the performance of the intranet and implementation of the security

policies, firewall management.

e) Administering network port management, new installations, etc.

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f) Management of Intranet IP addresses.

g) Liaising with external agencies for network support and troubleshooting.

h) Overall responsibility of network availability and uptime.

i) Coordination with field engineers for timely troubleshooting of field requests.

j) Maintaining the security and access logs.

k) Proactive escalation for maintenance and up-keeping of the network infrastructure.

8) Security Expert:

a) Security Audit of applications

b) Assistance to development teams in resolution of security bugs

c) Managing security measures for information technology system within a networked system

d) Operating regular inspections of systems and network processes for security updates

e) Maintaining standard information security policy, procedure, and services.

9) Senior Technical Support Engineer:

a) Assistance in maintaining the network IT infrastructure.

b) Analyze, implement and troubleshoot technology products

c) Mentor and train other technical support staff on technical and procedural matters.

d) Monitor and log all technical problems of client, processing requests and documenting

changes

e) Responsibility for maintaining virus free intranet and proactive escalations for the same.

f) Any other duty assigned by the Network administrator/ system administrator

10) Technical Support Engineer:

a) Assistance in maintaining the network IT infrastructure.

b) Troubleshooting the escalations received from the field or as directed by the network

administrator/ system administrator / senior officials.

c) Responsibility for maintaining virus free intranet and proactive escalations for the same.

d) Any other duty assigned by the Network administrator/ system administrator.

11) UI Designer:

a) Regular management & designing of the project web pages as and when received from

the system administrator.

b) Creating provisions for adding new web pages / new links for displaying the required

information.

c) Creation and regular updation of the items and links as and when received from the system

administrator.

d) Designing of the user interfaces.

e) Collaborate to define and implement innovative solutions for the product direction, visuals

and experience

f) Execute all visual design stages from concept to final hand-off

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g) Conceptualize original ideas that bring simplicity and user friendliness to complex design

roadblocks

h) Create wireframes, storyboards, user flows, process flows and site maps to effectively

communicate interaction and design ideas

i) Present and defend designs and key milestone deliverables to peers and executive level

stakeholders

j) Conduct user research and evaluate user feedback

k) Establish and promote design guidelines, best practices and standards

12) Document Writer:

a) Designing of the user manuals, Annual reports.

b) Documentation of available software modules.

c) Writing web content for websites /portals

d) Versioning of the user manuals.

e) System study for new requirements, designing of the user interfaces as per the requirement

of the User requirements Specifications (URS).

f) Preparation of the User Requirement specifications (URS) and System Requirement

Specification (SRS).

g) Compilation of statistical reports based on the inputs from various sections of the office/

branch offices.

h) Editing and Proof reading content once written.

i) Writing product descriptions, manuals, guides, job cards, support material etc.

Note: The IT manpower will require to work under the supervision of NIC as well as officials of IPO

authorized by CGPDTM.

10. Terms & Conditions of Tender:

1) Bidders are advised to submit the tender strictly based on the terms and conditions and

specification contained in the Tender Documents and not to stipulate any deviations. Conditional

tenders are liable to be rejected.

2) The quantity of manpower as mentioned in the tender document is tentative in nature. The

quantity of manpower may increase or decrease during the period of initial contract also. In case

of decrease in the requirement the same will be informed to the successful bidder and the

manpower shall be withdrawn immediately. Similarly, the successful bidder would have to provide

additional manpower, if required, on the same terms and conditions. In case, the manpower is

replaced during the period of contract the same shall be augmented with the alternate manpower

for at-least one month, in order to smoothly hand/take over the assignments.

3) The Competent authority reserves the right to withdraw/relax any of the terms and conditions

mentioned above so as to overcome the problem encountered by the contracting parties.

4) CGPDTM or any person authorized by him reserves the right to accept/reject any or all the tenders

in part or full or divide the work among two or more parties and in such case bidders/intending

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bidders, shall not have any claim on Office of Controller General of Patents, Designs and Trade

Marks.

11. General Terms and Conditions of Contract

1) These General Conditions shall apply to the extent that they are not superseded by provisions in

other parts of the Contract.

2) The Bidder will be bound by the details furnished by him/her to the CGPDTM. In case any of such

documents furnished by him/her is found to be false at any stage, it would be deemed to be a

breach of terms of Contract marking him/her liable for legal action besides termination of

contract.

3) The contractor shall produce documentary proof of tax paid to Govt. authorities on completion of

the subject tender, before the release of security deposit.

4) The successful Bidder shall have to deposit Performance Bank Guarantee of Rs16 Lacs in the form

of demand d r a f t /Bank Guarantee to the Administrative officer, The Patent Office Delhi,

Boudhik Sampada Bhawan, Plot No.32, Sector 14, Dwarka, New Delhi- 110078, covering a period

of four (4) years + one month from the date of contract. No interest will be paid on the security

deposit

5) The contract shall commence from the date of contract and shall continue till three years unless

it is curtailed or terminated by the Controller General or a person Authorized by him owning to

deficiency of services, sub-standard quality of manpower deployed, breach of contract, reduction

or cessation of the requirements etc.

6) The contract may be extended, on the same terms and condition, if the services of the

successful bidder are found to be satisfactory, for a further period of 1 year.

7) The proceeds of the performance security shall be payable to the CGPDTM as compensation for

any loss resulting from the Supplier's failure to complete its obligations under the Contract.

8) No variation in or modification of the terms of the Contract shall be made except by written

amendment signed by the parties.

9) The CGPDTM has the right to forfeit the security deposit in full or in part in the event of failure on

the part of contractor to fulfill the terms and conditions of the contractor

10) The Contracting agency shall raise the bill, in triplicate, along with attendance sheet and leave

record of the persons deployed (duly verified by Controlling Officer) and submit the same to

the Administrative Officer in the first week of the succeeding month. The bills for payment shall be

raised after making payment of salaries to the manpower employed for the preceding month.

11) The agency must release the salary of the deployed manpower before 10th of every succeeding

month without fail.

12) Payment to the agency shall be done on the receipt of the pre receipted bill along with MPR

(Monthly performance report, with the actual reference to the work done) duly signed by the

concerned HOD/Head of IT division and the proof of actual salary payment to the employee

NEFT/RTGS transfer to the employee bank account, TDS certificate, payment of GST and PF deposit

certificate.

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13) The office or its representative shall have the right to interview, inspect and/or to test the

qualification/experience to confirm their conformity to the contract specification at no extra cost.

14) The rates quoted by bidder shall remain firm till completion of all works even during the extended

period, if any, on any account what so ever. It is provided that the contractor shall not increase

any of the rates, quoted in the tender till the completion of work.

15) In case any incident occurs with the deployed manpower of the Vendor/Agency while working, it

will be the responsibility of the Vendor/Agency. This office will not liable for any claim.

16) The contractor shall adhere to the rules, regulations & Security instructions of the CGPDTM at the

office premises. The contractor should also ensure that the manpower do not loiter anywhere in

the building other than the work site. Any action taken by Security Departments against the

defaulters shall be contractor’s responsibility.

17) The contracting Company/Firm/Agency shall not be allowed to transfer, assign, ledge or sub-

contract its rights and liabilities under this contract to any other agency without the prior written

consent of the CGPDTM.

18) All selected manpower is to wear Identity card provided by the contracting party every day

during the working hours.

19) The contracting Company/Firm/Agency shall not indulge in malpractices like charging of

registration or consultation fee from the manpower deployed in this department under the

contract. Any such malpractice shall render the contracting Company/Firm/Agency liable for

termination of contract.

20) The contracting Company/Firm/Agency shall submit a documentary proof of payment to the

manpower deployed in the office(s) of CGPDTM through their Bank account along with requisite pay

slips of respective manpower

21) The contracting Company/Firm/Agency shall submit an undertaking that the payments to manpower

shall be made in the regular, timely and transparent manner each month. In the event of any breach

CGPDTM reserves the right to terminate the contract and forfeit the performance guarantee.

22) In case of providing false information or breach of any terms and conditions attached to this

contract, the Performance Bank Guarantee of the agency will be liable to be forfeited by the

Department besides annulment of the contract.

23) The CGPDTM or a personal Authorized by him as competent authority reserves right to terminate

the contract during initial period also after giving a week notice to the contracting agency.

24) Bidder shall be responsible for compliance to Labour Law, Contract Labour (Regulation &

Abolition) Act, 1970 and other applicable statutory laws failing which the award shall be

terminated.

25) The contracting Company/Firm/Agency shall sign the Contract agreement as per ANNEXURE-“C”

and Data Security Certificate as per ANNEXURE-“D” after finalization of the tender process but

before the issue of work order/Letter of Intent.

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12. Liabilities, Control etc. and Other Conditions for the Manpower:

1) The contracting agency shall ensure that the manpower deployed in the Office of CGPDTM

conforms to the technical specifications of age, educational and skill qualification prescribed in the

tender document.

2) The manpower supplied under this Contract shall conform to the education qualification and

experience as mentioned in the tender.

3) The manpower is required to work from Monday to Saturday. The manpower however may be

required to attend the office as and when required on Sunday and /or Gazetted holidays. No

overtime/ compensatory benefits shall be provided by IPO.

4) The contracting Company/Firm/Agency shall ensure that competent, qualified and bonafide

manpower is deployed and the following documents are properly verified and collected

before deployment in this Department:

a. List of manpower containing full details i.e. date of birth, marital status, address etc.

b. Bio-Data of the persons.

c. Attested copy of matriculation containing date of birth.

d. Attested copy of Qualifications as specified in the tender document.

e. Character Certificate from Group ‘A’ or Class-I Officers of the Central/ State

Government or Notary Public.

f. Certification of verification of antecedents of persons by local Police authority.

g. Identity Cards bearing photograph.

h. Contract agreement duly signed as per Annexure “C”

i. Data Security Certificate as per Annexure “D”

5) The manpower would be scrutinized and screened by the CGPDTM or any person authorized by

CGPDTM prior to the deployment in the department.

6) In case, the person employed by the Contracting Agency commits any act omission/commission that

amounts to misconduct/indiscipline/ incompetence, the successful Company/Firm/Agency will be

liable to take appropriate disciplinary action against such persons, including their removal from the

site of work.

7) The Contracting Agency shall replace immediately any of its personnel who are found

unacceptable to the CGPDTM because of security risks, incompetence, conflict of interest,

improper conduct etc. upon receiving a notice from the CGPDTM.

8) The person deployed shall be required to maintain daily attendance/ leave report in the format as

prescribed by office of CGPDTM.

9) The Contracting agency shall depute a coordinator who would be responsible for immediate

interaction with the competent authority so that optimal services of the persons deployed by the

agency could be availed without any disruption.

10) The Contracting agency shall immediately provide a substitute in the event of any person leaving

the job due to his/her personal reasons. The delay by the agency in providing a substitute beyond

three working days shall attract a pre-estimated agreed liquidated damages @ Rs. 2000/- per day

on the service-providing agency which shall be deducted from the monthly bills of the service

providing Agency/Firm/Company in the following month.

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11) It will be the responsibility of the Contracting agency to meet transportation, food, medical and

any other requirements (where applicable) in respect of the persons deployed by it (Agency) in

this Department. The Office of Controller General of Patents, Designs and trademarks will have no

liability in this regard.

12) For all intents and purpose the Contracting agency shall be the “Employer” within the meaning of

different Legislations in respect of manpower so employed and deployed in this Department. The

persons deployed by the agency in the Department shall not have claims of Master and Servant

relationship nor have any principal and agent relationship with or against the competent

authority.

13) The Contracting agency shall be solely responsible for the redressal of grievances/resolution of

disputes relating to person deployed. The CGPDTM shall, in no way be responsible for settlement

of such issues whatsoever.

14) The CGPDTM shall not be responsible for any damages, losses. Claims, financial or other injury to

any person deployed by contracting agency in the course of their performing the functions/duties,

or for payment towards any compensation.

15) The person deployed by the Contracting agency shall not have any claim or be entitled to pay,

perks and other facilities admissible to casual, ad-hoc, regular/confirmed employees of the

CGPDTM during the currency or after expiry of the contract.

16) In case of termination of this contract on its expiry or otherwise, the persons deployed by the

service providing agency shall not be entitled to and will have no claim for any absorption nor for

any relaxation for absorption in the regular/otherwise capacity in the Department.

17) Payment to the Contracting agency shall be done on the production of pre-receipted bill along

with MPR (Monthly Performance Report) signed by concerned HOG/HOD/NIC project

coordinator/Authorized personnel of office of CGPDTM and proof of actual salary payments to the

employees like NEFT/RTGS transfer to Employees' bank accounts, TDS Certificate, and PF deposit

Certificate.

18) The Contracting agency shall raise the bill, in triplicate, along with attendance sheet and leave

record of the persons deployed (duly verified by Controlling Officer) and submit the same to the

Administrative Officer in the first week of the succeeding month.

19) Contracting agency has to provide man power for all the resource levels.

20) The professionals deputed to work on the projects would observe the working days/hours of

Office of CGPDTM. Honorarium, overtime etc. for the work done on holidays or beyond office

hours are not admissible to the deployed professionals.

21) The Contracting agency will mandatorily pay the amount due to the hired manpower as per

approved rates prescribed in this limited tender.

22) The rates mentioned in para 8 of this limited tender are inclusive of the amount payable as

provident fund including employer contribution and other statutory liabilities where applicable.

23) The Contracting agency shall be solely responsible for compliance of The Employees’ Provident

Funds and Miscellaneous Provisions Act, 1952 and settlement of any amount payable therein.

Office of CGPDTM shall not reimburse any further amount towards employer contribution.

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24) The contracting agency shall also be solely responsible for any amount due towards Employees

Insurance or Bonus, if applicable. These issues must be settled between the Contracting agency

and the manpower deployed by them from time to time.

25) The deployed manpower can apply for maximum 12 leaves in a year. For more than 12 leaves,

salary shall be deducted on pro rata basis.

26) No TA/DA is admissible to the deployed resources for the posting on the project. However, if a

resource has to undertake a tour in the interest of the project, the same shall be allowed upon

prior approval of CGPDTM.

13. Breach of Terms & Conditions: In case of breach of any of terms and conditions mentioned above, the Competent Authority will have the

right to cancel the work order or contract as a whole without assigning any reason thereof, and nothing

will be payable by the office of the CGPDTM in that event and the security deposit will be forfeited.

14. Subletting of Work: The contract will be non-transferable and hence the firm shall not be entitled to assign or sublet the work

or any part of it to any other person or partly failing which the contract will be cancelled immediately.

15. Jurisdiction: The disputes, if any, arising between the successful applicant and CGPDTM shall be resolved amicably,

failing which shall be referred to an Arbitrator, mutually acceptable to both parties, appointed by the

CGPDTM as per the Arbitration and Conciliation Act, 1996.

16. Legal:

1) The Contracting Agency will be responsible for timely payment to the supplied manpower and

statutory authorities and compliance of all statutory provisions relating to minimum

wages/specified contract amount, Provident Fund and Employees State Insurance etc. in respect of

the persons deployed by it in this Department.

2) The Contracting Agency shall also liable for depositing all taxes, levies, Cess etc. on account of

service rendered by it to the CGPDTM to the concerned tax collection authorities from time to

time as per extant rules and regulations on the matter.

3) The Contracting Agency shall maintain all statutory registers under the applicable law. The agency

shall produce the same, on demand, to the concerned authority of the CGPDTM or any other

authority under law.

4) The Tax Deduction at Source (TDS) shall be deducted as per the provisions of the Income Tax

Department, as amended from time to time and a certificate to this effect shall be provided to the

agency by the CGPDTM.

5) In case, the Contracting Agency fails to comply with any statutory/taxation liability under

appropriate law, and as a result thereof the CGPDTM is put to any loss/obligation, minority or

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otherwise, the CGPDTM will be entitled to get itself reimbursed out of the outstanding bills or

the Performance Security Deposit of the agency, to the extent of the loss or obligation in monitory

terms.

17. Force Majeure:

1) Force majeure clause will mean and be limited to the following in the execution of the contract /

purchase orders placed by CGPDTM:

a. War / hostilities.

b. Riot or Civil commotion.

c. Earthquake, flood, tempest, lightning or other natural physical disaster.

d. Restriction imposed by the Government or other statutory bodies, which is beyond the

control of the Agencies, which prevent or delay the execution of the order by the Agency.

2) The Agency will advise CGPDTM in writing, the beginning and the end of the above causes of

delay, within seven days of the occurrence and cessation of the force majeure conditions. In the

event of a delay lasting for more than one month, if arising out of clauses of force majeure,

CGPDTM reserve the right to cancel the order without any obligation to compensate the Agency in

any manner for what so ever reason.

18. Arbitration:

CGPDTM and the Agency will make every effort to resolve amicably, by direct negotiation, any

disagreement or dispute arising between them under or in connection with the work order. If any dispute

will arise between parties on aspects not covered by this agreement, or the matters the decision of which

is specially provided for by the general or the special conditions, such dispute will be referred to an

arbitrator appointed by CGPDTM and the award of the arbitration, as the case may be, will be final and

binding on both the parties. The arbitrator with the consent of parties may modify the time frame for

making and publishing the award. Such arbitration will be governed in all respects by the provision of the

Indian Arbitration Act, 1996 or later and the rules there under and any statutory modification or

reenactment, thereof.

19. Applicable Law:

The work order will be governed by the laws and procedures established by Govt. of India, within the

framework of applicable legislation and enactment made from time to time concerning such commercial

dealings/processing.

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20. Technical Bid:

For providing IT Manpower to the office(s) under the office of Controller General of Patents, Designs

and Trademarks.

1) Name of Tendering Company/Firm/Agency (Bidder) (Attach certificate of registration)

2) Name of Proprietor/Director of Company/Firm/Agency

3) Full address of Registered Office

Telephone Number: FAX No.

E-Mail Address

4) Full address of Branch offices

Telephone Number: FAX No.

E-Mail Address

5) Banker of Company/Firm/Agency (Full Address)

Telephone Number of Banker:

(Attach certified copy of statement of A/c for the last three years)

6) PAN/GIR No.

(Attach attested copy)

7) G.S.T Registration No.:


8) E.P.F. registration Number


9) E.S.I. Registration Number


10) Give details of the major similar contracts handled by the tendering Company/ Firm/ Agency:

(If the space provided is insufficient, a separate sheet may be attached)

11) Additional information, if any

(Attach separate sheet, if required)

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Signature of authorized person

Name:

Seal:

Date:

Place:

DECLARATION:

I Son/Daughter/Wife of Shri------------- signatory of the agency/firm mentioned above is competent

to sign this declaration and execute this tender document:

I have carefully read and understood all the terms and conditions of the tender and undertake to abide

by them:

The information/documents furnished along with the above application are true authentic to the best

of my knowledge and belief. I/We am/are well aware of the fact that furnishing of any false

information/fabricated document would lead to rejection of my tender at any stage besides liabilities

towards prosecution under appropriate law:


Full Name: Seal:

Date:

Place:

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21. Annexure- ‘A’

Acceptance letter by the Bidder on the letter Head of the company

To

THE CONTROLLER GENERAL OF PATENTS, DESIGNS & TRADE MARKS

INTELLECTUAL PROPERTY OFFICE,

BOUDHIK SAMPADA BHAWAN,

PLOT NO.32, SECTOR –14, DWARKA, NEW DELHI -110075

Sir/Madam

I/We hereby accept unconditionally all the terms and conditions as contained in tender documents as

well as notice inviting tenders (NIT) and in default thereof, to forfeit and pay to CGPDTM, or its

successors or its authorized nominees such sums of money as are stipulated in the notice inviting tenders

and tender documents.

Dated the day of

SIGNATURE OF BIDDER:

NAME (CAPITAL LETTERS):

ADDRESS:

SEAL OF BIDDER:

SIGNATURE OF WITNESS:


ADDRESS:

of 31

22. Annexure- ‘B’

Undertaking by the Bidder

a. I/We agree to abide by and fulfill all terms and conditions referred to above and as contained in tender

documents elsewhere and in default thereof, to forfeit and pay to CGPDTM, or its successors or its

authorized nominees such sums of money as are stipulated in the notice inviting tenders and tender

documents.

b. If I/We fail to provide the desired manpower as per the order/ Letter of Intent within 10 days of

the date of issue of Letter of Intent and/or I/we fail to sign the agreement as per contract and/or

I/we fail to submit performance guarantee as per contract, I/we agree that CGPDTM shall, without

prejudice to any other right or remedy, be at liberty to cancel the Letter of Intent and award the

contract to next eligible L1.

c. I/we are also enclosing herewith the Acceptance letter on the prescribed proforma as referred to in

condition of this limited tender document.

Dated the day of

SIGNATURE OF BIDDER:


ADDRESS:

SEAL OF BIDDER:

SIGNATURE OF WITNESS:


ADDRESS:

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23. Annexure ‘C’

CONTRACT AGREEMENT

(Agreement to be executed on Rs.100/- Non-judicial Court Stamp)

An agreement made this …………..………………………. day of BETWEEN

………………………………………..………………… (hereinafter called the contractor or contracting agency which

expression shall include his legal representatives) of the one part and The Controller General of Patents,

Designs and Trademark (herein after referred as “the Government” or Department or Office of the

Controller General of Patents, Designs & Trade Marks (which shall also include any person authorized by

CGPDTM ) of the other part and WHEREBY the contractor agrees to supply the IT manpower to perform

the work specified to them successfully on contract basis to the CGPDTM as mentioned in the tender

document and on the terms and conditions hereinafter mentioned viz. : -

a) that it is expressly understood and agreed between the parties to this Agreement that the

persons deployed by the contractor for the services mentioned above shall be the employees of the

contractor for all intents and purposes and that the persons so deployed shall remain under the

control and supervision of the contractor and in no case, shall a relationship of employer and

employee between the said persons and the CGPDTM or IPO or any person authorized shall

accrue/arise implicitly or explicitly.

b) that the number of IT manpower will be purely need based. Therefore, the number of Contractor’s IT

manpower may be increased or decreased as per requirement. The office of CGPDTM will be under

no obligation to engage any specific number of Contractor’s worker during the period of contract.

c) that this Contract shall remain valid for a period of three years with effect from the date of contract

initially and if the services are found satisfactory the same may be extended for further period of one

year. However the Controller General of Patents, Designs and Trademarks or a person authorized by

him shall have full power to terminate the contract if the manpower supplied is functioning to the

satisfaction

d) that the Controller General of Patents, Designs and Trademarks or a person authorized by him shall

have full power to reject the IT manpower which to the true intent and meaning is not in accordance

with the requirement as per tender document

e) that the contracting agency will deposit a sum equivalent to Rs16 Lacs as security for compliance with

the terms and conditions of this contract.

f) The Controller General of Patents, Designs and Trademarks or a person authorized by him

reserves the right:

to terminate this contract by giving notice of one month any time during the contract.

to enter in to parallel contract for similar services with other agencies/person whenever it is found

necessary.

to extend the contract up to further period, if required from the date of expiry of the initial

period, at the same rates, terms and conditions.

that the contracting agency will be entirely responsible for the execution of this contract in all

respect in accordance with terms & conditions and shall not assign or sub-let the same.

g) If the contracting agency becomes insolvent or he or his Agent offers any bribe in connection with

the contract or the contractor fails to observe or perform any condition of this contract then

of 31

notwithstanding any previous waiver of such default or action being taken under any other clause

hereof the Controller General of Patents, Designs and Trademarks or a person authorized by him may

on behalf of the Government terminate the contract and forfeit the said deposit and recover from the

contractor any loss suffered by the Government on account of the contract being terminated.

h) If any dispute or difference shall arise including this contract the settlement of which is not

hereinbefore provided for the same shall be referred to the arbitration of the Controller General of

Patents, Designs and Trademarks or if he is unable or unwilling to act as arbitrator to the arbitration of

any person nominated by him in writing and the decision of such arbitrator shall be final and binding

on the parties to this contract.

i) The contracting agency as a taxable service provider must have registered GST Registration No.

and should attach a copy of Certificate along with the Agreement. The Invoices / Bills / Challans

should be serially numbered and it should contain the Name and address of Service Provider, Service

Receiver, Description of service, Value of service tax payable thereon.

j) The contracting agency shall also be responsible for timely statutory payments in respect of supplied

manpower and there shall not be any responsibility of the Controller General of Patents, Designs and

Trademarks or a person authorized by him.

k) That the contractor shall keep the CGPDTM or any person authorized by him indemnified against all

claims whoever in respect of the employees deployed by the contractor including the court matter. In

case any employee of the contractor so deployed enters in dispute of any nature whatsoever, it

will be the primary responsibility of the contractor to contest the same. In case CGPDTM or any

person authorized by him is made party and is supposed to contest the case, the CGPDTM or any

person authorised by him will be reimbursed for the actual expenses incurred towards Counsel Fee

and other expenses which shall be paid in advance by the contractor to CGPDTM or any person

authorized by him on demand. Further, the contractor will ensure that no financial or any other

liability comes on CGPDTM or any person authorised by him in this respect of any nature

whatsoever and shall keep CGPDTM or any person authorised by him indemnified in this respect.

l) That the contractor shall further keep the CGPDTM or any person authorised by him indemnified

against any loss to the CGPDTM or any person authorised by him property and assets. The CGPDTM or

any person authorised by him shall have further right to adjust and/or deduct any of the amounts as

aforesaid from the payments due to the contractor under this contract.

m) That the contracting agency shall be responsible for faithful compliance of terms and conditions of this

agreement, and shall also abide by all terms and conditions as mentioned in the tender document.

The same may be terminated and the security deposit will be forfeited and further the work may be

got done from another agency at their risk and cost.

n) That if the contractor violates any of the terms and conditions of this agreement or commits any fault

or their services are not to the entire satisfaction of CGPDTM or any officer authorized by the

CGPDTM, a penalty leading to a deduction up to a maximum of 10% of the total amount of bill for

particular month will be imposed.

o) That if the said violation continues for more than 2 months, the contract shall be liable for termination

and forfeiture of Performance Bank Guarantee.

p) The security money shall be liable to be forfeited or appropriated in the event of unsatisfactory

performance of the contractor and/or loss/damage, if any, sustained by the Office of CGPDTM on

account of failure or negligence of the workers deployed by him or in the event of breach of the

agreement by the Contractor

of 31

IN WITNESS WHEREOF the parties hereto have signed these presents on the date, month and year first

above written.

Signed by the said contracting agency ……………………………….

In the presence of: -

Ist Witness (Name):

Address:

2nd Witness (Name):

Address:

Signed for and on behalf of the Controller General of Patents, Designs and Trademarks …………

In the presence of: -

Ist Witness (name):

Address:

2nd Witness(Name):

Address:

of 31

24. Annexure ‘D’

DATA SECURITY CERTIFICATE

(To be executed on Rs.100/- Non-judicial Court Stamp)

I / We hereby certify that the Office of Controller General of Patents, Designs and Trademarks shall have

absolute right on the digital data and output products processed / produced by me / us. I / We shall be

responsible for security / safe custody of data during processing. I / We also certify that the digital

topographical data will not be taken out of the building premises on any media by any means by me/us or

any other person deployed by me/us. The original input data supplied to me / us by the Office of CGPDTM

or digital data and output products processed / produced from input data will not be passed on to any

other agency or individual other than the authorized person of CGPDTM. I / We shall abide by all security

and general instructions issued by CGPDTM or a person authorized by CGPDTM from time to time.

I / We also agree that any data pertaining to CGPDTM will be handed over / removed (as the case may

be) from my / our possession in the presence of person(s) authorized by CGPDTM after completion of

the task.

Signature of the contracting agency

Name, Date, Signature & Address of the witnesses

(1)

(2)

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25. Annexure- ‘E’ (Financial Bid)

(To be submitted in sealed envelope)

1. Name of the Agency:

2. Address:

3. Percentage of Agency Service Charge: ………………….. (for all resource levels as per para 6 & 8 of the

tender document).

4. Percentage of Agency Service Charge in words: ………………………..


Full Name:

Seal:

Date:

Place:

Note:

1) Please also refer to Para 12 for clarity on EPF and ESIC

2) Financial bid shall be opened only for the technically qualified Agency.

3) Percentage quoted shall be upto two decimal points

4) In case of discrepancy between quoted percentage in figures & words, the percentage given in

words shall be held valid.

of 31

26. Annexure- ‘F’

NIC Rate Contract against Tender No. NIC/TPS/2016/43 for "EMPANELMENT OF AGENCIES TO ENGAGE

TECHNICAL MANPOWER FOR SOFTWARE DEVELOPMENT (CAT-B)"

Note 1: Agency Service Charge = 6.99% which would be paid over and above the mentioned manpower rates fixed by NIC as mentioned above. That is the Agency will be paid = (Percentage Service Charge quoted by the agency) + (GST as per Actuals)

Note 2: NIC would revise the empanelled rates for each of the resource categories by 10% every year (from the date of release of empanelment) for the Gross Hiring Charges.

Note 3: Agency must release the salary of the deployed manpower before l Oth of every month.

(1) ·Payment to the agency shall be done on the production of per-receipted bill along with MPR (Monthly Performance Report, with actual reference to the work done) signed by concemed HOG/HOD/ NIC project coordinator and proof of actual salary payments to the employees like NEFT /RTGS transfer to Employees' bank accounts, TDS Certificate, and PF deposit Certificate.

(2) Agency has to provide man power for all the resource levels. (3) NIC reserves the right to allocate the business among the empanelled

agencies as per its user's preferences, conveniences and the performance of the em panelled agencies.

(4) The professionals deputed to work on the projects would observe the working days/hours of NIC/users. Honorarium, overtime etc. for the work done on holidays or beyond office hours are not admissible to the deployed professionals.

(5) The empanelled agencies will mandatorily pay the prescribed gross monthly amount to the hired employees.

(6) NIC will not reimburse any amount towardrProvident Fund, Employees Insurance or Bonus. These issues must be settled between the empanelled agencies and the manpower deployed by them from time to time.

(7) In case of ESIC the employee contribution has to be paid by the employee and the employer contribution by the employer.

(8) The deployed manpower can apply for maximum 12 leaves in a year. For more than 12 leaves, salary shall be deducted.

(9) GST & other taxes, as applicable, will be paid extra by NIC. ( 1 0) The agency will provide service all over India. (11) NoTA/DAis admissible to the deployed resources for the fir st posting

on the project. However, if a resource has to undertake a tour in the interest of the project with the prior approval of the NIC project head, NIC would reimburse, to and fro Travel tickets and Travelling Allowance per day as per the entitlement mentioned in Table: Travelling Allowance.

Page 2 of 12

Table: Travelling Allowance

The empanelled agencies will provide service all over India. TA/DA shall be payable directly by the client as per government norms on production of travel documents in original and approval of NICSI/User project head for undertaking such tour in project interest. However, no TA/DA is admissible for the deployment of agency resources on projects anywhere in India. Each work order will be considered a project and TA/DA should not exceed 15% of the work order value.

(12) The agency would deploy one managerial staff exclusively for NIC for coordinating administrative procedures for every 50 manpower deployed by the agency through various work orders issued under NIC.

(13) In case the hired resource takes leave of absence or is not reporting to duty for more than 10 days continuously for any reason, then the Agency will have to provide equivalent replacement manpower so that the user's project work doesn't suffer. In case the equivalent/suitable manpower is not provided then the table "penalty" will be invoked.

!Part-1~

!Educational Qualifications and Experience of various resource categories!

Sl. Name or the resource Experience Minimum Number or No. Category years on rolls or

Experience• in M. Tech/ M.E Agency or worked on years I MSin Government /PSU

& Computer projects** Qualification* Science I IT I

Electronics 1 Sr. Project Manager 12+ 11+ 3+

2 Project Manager Level2 10+ 9+ 3+

3 Project Manager Level 1 8+ 6+ 3+ .;;...-

# Required Experience for Experience in areas such as application development, Sl. no. 1, 2 & 3 technology management, and demonstrated skills in

configuration management, data management, information management, network security, IT architecture, infrastructure design, systems integration and systems life cycle management. Worked on software development for major projects with proven programming skills and having exposure with version control systems like RCS/ CVS/ SVN.

4 Tech Lead Levell 6+ 5+ 2+ /Solution

Architect/ Security Expert

5 Tech Lead Levell 4+ 3+ 2+ / Server Admin / DBA

Page 3 of12

6

7

#

Senior Programmer Level 2 I Senior

Technical Support Engineer I Sr. Testing

Engineer I Training Specialist/ Document

Writer/VI Designer

Senior Programmer level 1

Required Experience for Sl. no 4, 5 ,6 & 7

3+ 2+ 1+

2+ 1+ 0

For Senior Programmer I Senior Technical Suooort Engineer: Experience in software development for major software development projects with proven programming skills and having exposure with version control systems like RCS/CVS/SVN. The candidate should be aware of the latest technology development in hardware and software and capable of leading a team of developers/programmers. For documents writers : having the ability to create, assimilate, and convey technical material in a concise and effective manner For Testing Engineer Experience in Test planning, Testing techniques (test design and test execution), Reporting defects and test results, Queering databases, Operating an test automation tool, Programming a test etc. Having exposure to Testing tools like Meter and Bug tracking tools like bugzilla. For Server Admin: Experience in design, install, administer, and optimize of servers, management of the server environment, assist in overseeing the physical security, integrity, and safety of the data server. For DBA: experience in carrying out performance, integrity and security of a database. Must be able to do planning, development and troubleshooting, maintaining data standards, including adherence to the Data Protection Act; writing database documentation, controlling access permissions and privileges; developmg,_ managing and testing back-up and recovery plans; ensuring that storage, archiving, back-up and recovery procedures are functioning correctly; capacity planning etc. Training Specialist: Good at Communication, Clarity of Speech, Sound technical kno~ledge of the domain in which training is to be imparted , Ability to make presentations/charts /graphs, conduct class room sessions, compile information on the courses, take feedback and compile. Solution Architect: Experience of assessing project needs in various domains. The candidate must be able to offer value addition to the project requirements and also with respect to the future needs and socio-economic aspects. Selection and application of technology must be their strength and must be capable of managing multiple projects. Security Expert: Experience in same role (i.e. Security Expert). Exposure to BS15000 process /ISO 27001 / BS 7799 I ISO 20000 I ITIL or ITIL certified and should be able

Page 4 of12

8

*

**

9

Technical Support Engineer I Testing

Engineer

Basic Qualification for all the above resource

levels (Except UI Designer)

Basic Qualification for UI Designer

Programmer

* Basic Qualification required for

Programmer

to carry out security audit of applications and also assist development teams in resolution of these security bugs. ## UI Designer: Experience in Web f Mobile Devices UI-UX design and development

NA NA NA

(a) B.Tech/BE/MCA with specialization in Computers/ Electronics I IT

OR (b) M.Sc. in computer Science/IT with One year Experience

in Software Development /Implementation OR

(c) Master's Degree in Physics/ mathematics/ Statistics/ Operational Research/Electronics with

i. EITHER with Post Graduate Diploma in Computer Science / DOESEC (A level) certification with One year Experience in Software Development Projects

OR ii. Two year Experience in Software

Develo_pmentjimplementation Projects Minimum Bachelor in Fine Arts (BFA)/Masters in Fine Arts (MFA)/B. Arch/B. DesignfM. DesignfPG diploma in Web Design from Government recognized institutions

NA I NA I NA (a) B.Tech/ BE/ MCA

OR (b) M.Sc. in computer Science/ IT/ Physics/mathematics/

Statistics/ Operational Research/Electronics OR

(c) Graduate in Computer Science/ IT I Physics/ mathematics/ Statistics I Operational Research I Electronics

i. with EITHER Post Graduate Diploma in Computer Applications (PGDCA) I DOEACC(A level) certification

OR ii. One year Experience in Software Development,

operation and maintenance.

IPart-IIlj

!Scope of the Contrac~

I . This Rate Contract provides for two key routes of engagement:

1.2 The hiring of technical manpower resources shall be on man month basis to carry out the software development work as per the requirement under various NIC projects.

1.3 The deliverable based approach for engaging the agency to carry out the project work as follows:

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1.3.1 In such projects the concerned project group of NIC shall share the scope and details of the project requirements with all the empanelled agencies and then they will be expected to prepare a detailed project plan.

1.3.2 Competitive evaluation would be carried out among the empanelled agency based on the project plan submitted by them to award the contract.

1.3.3 The Project plan in case of above including scope of work, job requirements, time lines and resource requirements shall be approved by the concerned user division at NIC, who will also be responsible for closure of project and release of payments on mutually agreed terms which in no case will exceed more than quarterly payments. The estimated manpower efforts shall be translated in terms of man month rates of respective category as per empanelment and vendor shall submit suitable proofs of engaging these resources for such projects.

1.3.4 The Agency shall take full responsibility of the desired outcome of the project.

1.1 An indicative list of activities which (depending on the project requirement) , bidders resource will be required to undertake are as follows:

(a) Design and development of application S/W Programming (b) Database Management. (c) Technical documentation. (d) Test case preparation and testing of the application software. (e) Training of users (f) Carry out maintenance, feature up-gradation and support of

application software post completion of project. (g) Bug flxing and implementation support to end users. (h) Project Management (i) Architecting the solution

1.2. (a) The performance and discipline of the resources provided by the bidder should be ensured by the agency. (b) Regular progress reporting and review of the same ~th the concerned HOG /HOD I NIC Project coordinator will be an integral part of the responsibility of the agency.

1.3 Timely production of quality output will be an overarching responsibility of the empanelled agencies.

1.4 The Project plan including scope of work, job requirements, time lines and resource requirements shall be flnalized by the concerned user division at NIC. These resources shall be engaged as per the requirements of the project

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!Part-IVJ

fl'erms & Condition~

1. Intellectual Property Rights:

1.1 NIC shall own and have a right in perpetuity to use all Intellectual Property Rights which have arisen out of or in connection with the implementation of this Contract, including all processes, design, products, software, specifications, reports, drawings and other documents which have been developed by the Service Provider during the performance of Services and for the purposes of inter-alia use or sub-license of such Services under this Contract. The Service Provider undertakes to disclose all Intellectual Property Rights arising out of or in connection with the performance of the Services to NIC and execute all such agreements/documents and file all relevant applications, effect transfers and obtain all permits and approvals that may be necessary in this regard to effectively transfer and conserve the Intellectual Property Rights of NIC.

1.2 If NIC desires, further, the Service Provider shall be obliged to ensure that all approvals, registrations, licenses, permits and rights which are inter-alia necessary for use of the infrastructure installed by the Service Provider, the same shall be acquired in the name of NIC, prior to termination of this Contract and which shall be assigned by NIC to the Service Provider for the purpose of execution of any of its obligations under the terms of this tender. However, subsequent to the term of this Contract, such approvals etc. shall endure to the exclusive benefit of NIC.

1.3 The Service Provider shall ensure that while it uses any software, hardware, processes or material in the course of performing the Services, it does not infringe the Intellectual Property Rights of any person and the Service Provider shall keep NIC indemnified against all costs, expenses and liabilities howsoever, arising out of any illegal or unauthorized use (piracy) or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms or infringement of any Intellectual Property Rights by the Service Provider during the course of performance of the Services.

1.4 The source code would be the property of NIC and the agency would not use the same for any demonstrations or other projects. .=--

2. Confidentiality: 2.1 The Agency shall not use Confidential Information, the name or the logo of NIC

except for the purposes of providing the Service as specified under this contract; 2.2 The Agency may only disclose Confidential Information in the following

circumstances with the prior written consent of NIC:

2.2.1 To a member of the Agency if she/he is aware of the confidentiality of the Confidential Information and is obliged to use it only for the performance of obligations under this contract.

2.3 The Agency shall do everything reasonably possible to preserve the confidentiality of the Confidential Information to the satisfaction of NIC.

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2.4 The Agency shall notify NIC promptly if it is aware of any disclosure of the Confidential Information otherwise than as permitted by this Contract or with the authority of NIC.

Table: PENALTY

1.1. Any delay in deployment of manpower in stipulated time period as mentioned in Work Order or any unjustified and unacceptable delay in the deliverables beyond the time indicated in the order delivery will invite penalty at the rate of 1.00 % of the number of non-deployed manpower value per week of the delay with a maximum limit of 10%.

1.2. If the delay is such that the delay penalty has reached maximum limit of 10 % of the order value, NIC will impose the penalty as above and will have an option to cancel the order and award the work to any other empanelled agency and get the work done· from any other source at the risk and cost of such defaulting agency.

1.3. If the new work order as mentioned above is for the project to enhance the existing resource requirement, then the penalty of 10% shall be on the sum total of all such work orders. The defaulting Agency shall ensure Knowledge transfer to new agency without any fmancial implication to the project.

1.4. The EMD /Security Deposit and the Performance bank Guarantee submitted by the agency would be forfeited and empanelment cancelled.

1.5. Defaulting agency would be de-barred from participating in any NIC /NICS! Tender for a period of three years.

Table: PAYMENT

1.1. A pre-receipted bill, along with certificate of satisfactory performance (Monthly performance report) from the NIC HOG/HOD/NIC project coordinator of the project will have to be submitted for each of the hired manpower resource as mentioned in the work order issued to the agency.

1.2. Payments shall be subject to deductions of any amount for ~hich the vendor is liable under the empanelment or tender conditions. Further, all payments shall be made subject to deduction ofTDS (Tax deduction at Source) as per the current Income-Tax Act.

1.3. If the Agency has been engaged as per the provisions of section 2. 2.1, payments will be made at the end of each month for the period of engagement, If the Agency has been engaged as per the provisions of section 2.2.2, payments will be made on completion of milestones as per the project plan accepted by NIC.

General Conditions:

1.1. NIC will not be responsible for any misinterpretation or wrong assumption by the Agency.

1.2. In case the empanelled vendor is found in breach of any condition(s) of tender or supply order, at any stage during the course of supply I installation I commissioning or on-site warranty or software subscription period EMD I Security Deposits will be forfeited. Further NIC reserves the right to initiate legal

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action as per Govt. rule/laws and also debarring the defaulting agency concerned from participating in NIC Tenders for three years.

1.3. Any attempt by agency to bring pressure towards NIC's decision making process, such vendors shall be liable to be debarred from bidding for NIC tenders in future for a period of three years

1.4. Printed conditions mentioned in the tender bids submitted by vendors will not be binding on NIC. All the terms and conditions for the supply, , payment terms, penalty etc. will be as those mentioned herein and no change in the terms and conditions by the vendors will be acceptable.

Security Deposit & Performance Guarantee:

1.1. EMD of the empanelled Agency shall be refunded on receipt of Security Deposit of equivalent amount in the form of Bank Guarantee of any Nationalized / Commercial bank drawn in the name of National Informatics Centre, New Delhi valid for 27 months.

1.2. Agency shall furnish additional Performance guarantee for every purchase/work order equivalent to 10% of the purchase/work order value in the form of Bank Guarantee of any Nationalized f Commercial bank drawn in the name of National Informatics Centre for the period specified in the purchase/work order + 03 months within 15 calendar days of acceptance of purchase/work order.

Indemnity:

The selected Agency shall indemnify the NIC/User department against all third party claims of infringement of patent, trademark/ copyright or industrial design rights arising from the use of the supplied software/ hardware/manpower etc. and related services or any part thereof. NIC/User department stand indemnified from any claims that the hired manpower may opt to have by virtue of working on the project for whatever period. NIC/User department also stand indemnified from any compensation arising out of accidental loss of life or injury sustained by the hired manpower while working on the project.

Termination of Contract:

1. Termination for Insolvency NIC may at any time terminate the purchase order/ contract by giving written notice of four weeks to the empanelled Agency, without any compensation to the Agency, if the Agency becomes bankrupt or otherwise insolvent.

2 . Termination for Default 2.1 Default by Vendor 2.1.1 Default is said to have occurred: i. If the agency fails to deploy any or all of the services defmed in the tender f

work order within the specified time period(s) or any extension thereof granted by NIC;

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11. If the agency fails to perform any other obligations(s) under the contract and/or any of the statutory requirements under the rules and regulations of the Govt.;

iii. If the agency, in either of the above circumstances, doesn't not take remedial steps within a period of 30 days after receipt of the default notice from NIC (or takes longer period in-spite of what NIC may authorize in writing), NIC reserves the right to terminate the contract I work order in whole or in part, as deemed appropriate. Security Deposit of such defaulting agency(s) shall be forfeited and the defaulting agency shall be debarred from participating NIC Tenders for a period of three years; and

iv. In addition to above, NIC may at its discretion may get the work done at the cost and risk of such defaulting agency and the defaulting agency shall be liable to compensate NIC for any extra expenditure involved to complete the scope of work in totality. In addition the defaulting agency shall also be liable to pay 10% of the work order as cancellation charges for each unexecuted order.

Employee Verification:

1. All the manpower deployed by the agency may be subjected to proper background verification check for Date of Birth, Educational Qualifications, and Experience and police verification of antecedents.

2. The agency shall submit the background verification report as mentioned above for each manpower to be deployed on the project along with the acceptance letter of the work order.

Responsibilities of the Agency:

1. The manpower required is to be deployed by the Agency within two week of issue of the work order or as specified in the work order.

2. (a) If due to any unavoidable circumstances the deployed manpower needs to be replaced / changed then the agency will ensure complete knowledge transfer during the replacement ensuring continuity of the project. (b) The agency will give one month notice prior to replacem--ent of any resource

manpower. 3. Agency will provide resources after proper screening by conducting test/Interview

and share its screening process/marks with NIC. If after repeated three screening attempts the Agency fails to provide the suitable Ca.J:ldidates, the order may be cancelled.

4. The agency is liable for damages on account of any violation by the employees deployed under the Information Technology Act and other prevalent laws of the country.

s. Agency shall provide an undertaking for the implementation of Data Confidentiality and privacy of the projects undertaken.

6. In case, the person employed by the Agency commits any act of omission/commission that amounts to misconduct/indiscipline/incompetence, the Agency will be liable to take appropriate disciplinary action against such persons, including their removal from the site of work I project and any other necessary action as required by NIC and provisions of the legal framework of the country.

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7. The Agency shall replace immediately any of its personnel who are found unacceptable to this Department because of security risks, incompetence, conflict of interest, improper conduct etc. upon receiving a notice from NIC.

8. During the engagement period of the hired manpower, the agency will not redeploy the hired manpower from one NIC project where he/she is currently deployed to another project as same or higher level manpower resource during the period of the work order. If any manpower is required to be moved to other NIC project, agency will take NOC from the HOD of the current engaged project.

Liability of the Agency:

1. Agency shall be liable for all acts of omissions and commission by its employees deployed under this empanelment and NIC stand and insulation against aggrieved third-party complaints against any civil or criminal actions of the service provider or its employees.

2. Agency to indemnify for non-compliance with the specifications given to create the software, for any intellectual property infringement of any third party, for any employee..,related claims, for any personal injury or property damages, etc.

3. The total penalty that can be levied on the vendor shall not exceed the work order value.

Force Majeure:

If at any time, during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract is prevented or delayed by reasons of any war, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics quarantine restrictions, strikes, lockouts or acts of God (hereinafter referred to as "events"), provided notice of happenings of any such event is duly endorsed by the appropriate authorities/chamber of commerce in the country of the party giving notice, is given by party seeking concession to the other as soon as practicable, but within 21 days from the date of occurrence and termination thereof and satisfies the party adequately of the measures taken by it, neither party shall, by reason of such event, be entitled to terminate this contract, nor shall either party have any claim for damages against the other in respect of such nonperformance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such event has come to an end or ceased to exist and the deci_&gn of the purchaser as to whether the deliveries have so resumed or not, shall be final and conclusive, provided further, that if the performance in whole or in part or any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days, the purchaser may at his option, terminate the contract.

Arbitration: 1. If a dispute arises out of or in connection with this contract, or in respect of any

defined legal relationship associated therewith or derived there from, the parties agree to submit that dispute to arbitration under the ICADR Arbitration Rules, 1996.

2. The Authority to appoint the arbitrator(s) shall be the Intemational Centre for Altemative Dispute Resolution (ICADR).

3. The International Centre for Alternative Dispute Resolution will provide administrative services in accordance with the ICADR Arbitration Rules, 1996.

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Applicable Laws: 1. The Agency shall be governed by the laws and procedures established by Govt. of

India, within the framework of applicable legislation and enactment made from time to time concerning such commercial dealings/processing.

2. All disputes in this connection shall be settled in Delhi jurisdiction only. 3. NIC reserves the right to cancel this tender or modify the requirement. 4. NIC also reserves the right to modify / relax any of the terms & conditions of the

tender by declaring I publishing such amendments in a manner that all prospective vendors f parties to be kept informed about it.

s. NIC in view of projects requirement may reject any tender (s), in which any prescribed condition(s) is/ are found incomplete in any respect and at any processing state.

All other terms & conditions mentioned in the tender no. NIC/ TPS/ 2016/ 43 shall be ipso-facto applicable.

Copy to:

1. DD (PSS) 2 . DD (SSS) 3. Tender Division (NICS!) 4. User Group 5 . Guard File 6. All HODs/SIOs .... .. . through lntranic

~~R (Mahesh}

Deputy Director Phone # 011-24305433, 5446 Email: [email protected]

Note: While placing work order to the vendors , the concerned division/ section should ensure that the required services are not available on GeM portal. In case the required services are available on GeM portal on the date of placing \YOrk orders to the vendors, the services will be availed through GeM portal only in terms of GFR 149 and this rate contract will not be used for outsourcing of technical manpower.

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