settlement commissioner & director of land records ... · settlement commissioner &...
TRANSCRIPT
SCHEDULE
Original Clause in the RFP
Last date and time for submission of bid
proposal in the office of SC&DLR (M.S.), Pune 1500 Hrs on 22/08/2013
Time and date of Technical bid opening
1530 Hrs on 22/08/2013 in the office of Settlement Commissioner & Director of Land Records (M.S.), Pune 2nd Floor, New administrative building Opp. Council Hall Pune – 411001
Amended Clause is as follows :
Last date and time for submission of bid
proposal in the office of SC&DLR (M.S.), Pune 1500 Hrs on 06/09/2013
Time and date of Technical bid opening
1530 Hrs on 06/09/2013 in the office of Settlement Commissioner & Director of Land Records (M.S.), Pune 2nd Floor, New administrative building Opp. Council Hall Pune – 411001
Settlement Commissioner & Director of Land Records
Maharashtra State, Pune
Corrigendum: RFP for Scanning Old Land Records in Tehsildar, Dy.SLR and CTS offices
of Maharashtra
(Tender No: NLRMP-2/PraKr11/Scanning/2013)
Date: 21st August 2013
4. QUALIFICATION CRITERIA AND BID EVALUATION
4.1. QUALIFICATION CRITERIA
Original Clause in the RFP
4.1.1. The main qualification criteria has been mentioned below:
7. Bidder should have SEI CMMi level 3 or above
certification Copy of the valid certificate
Amended Clause is as follows :
7.
Bidder should have either : SEI CMMi Level 3 or above
or ISO 9001 Certification
or 27001 Certification
Copy of the valid certificate
8. TERMS AND CONDITIONS
8.3. RISK PURCHASE CLAUSE
Original Clause in the RFP
In case the successful bidder fails to execute the project as stipulated in the delivery schedule;
SC&DLR (M.S.), Pune reserves the right to procure the similar services from alternate sources at the
risk, cost and responsibility of the successful bidder.
Amended Clause is as follows :
In case the successful bidder fails to execute the project as stipulated in the delivery schedule;
SC&DLR (M.S.), Pune reserves the right to procure the similar services from alternate sources at the
cost of the successful bidder.
5. SCOPE OF WORK
5.5. PROJECT PLANNING AND MANAGEMENT
Original Clause in the RFP
IT Infrastructure
For successful and smooth execution of the project sufficient numbers of high end scanners, book
scanners, computers etc. will be required to capture images of the documents. Inappropriate scanners
may lead to unacceptable image quality, leading to penalty and rework, thus the vendor should show
quality of images captured using various devices and seek approval prior to actual work.
Successful bidder should be ready to deploy 3-4 scanners and 10-15 computers per record room per
taluka. Along with that successful bidder should also be ready to deploy appropriate number of
computers and servers at District Metadata Center (space provided at district level for Metadata
entry), to carry out metadata entry work of required number of talukas simultaneously. Successful
Bidder should increase the number of image capturing devices, computers and other peripherals
based on the requirement, to complete the project in the stipulated timeframe.
Amended Clause is as follows :
IT Infrastructure
� A high quality scanned image is at the heart of this project, and it is expected that vendors shall
deploy sufficient numbers of Book scanners, ADF scanners, flatbed scanners and other IT
equipment from amongst the best available OEMs.
� The ADF & Flatbed Scanners proposed should be from top 5 companies as per the latest
IDC/Gartner/Frost & Sullivan report (quarterly/ half yearly/ yearly report for high speed/volume
document scanner category for Asia Pacific region). Bidder should submit copy of the relevant
IDC/Gartner/Frost and Sullivan Report.
� Book Scanners proposed should be also from a reputed company and should be robust, factory
assembled. For Book Scanners, the bidder will provide demo of the model quoted during
technical bid evaluation. Technical Evaluation Committee reserves the right to reject the Book
Scanner OEM /model, if it is found that the proposed model doesn’t meet the requirements of
the department. In such a case, bidder shall be allowed to replace the Book Scanner with better
OEM.
� In case of the ADF & Flatbed scanners too, the Technical Evaluation Committee reserves the
right to ask for a demonstration & ask the bidder to supply high end product, if the proposed
model(s) is found non-compliant with the requirements specified in the RFP.
� IT Equipments should not be of end of life for the next 3 years. Support to all the IT Equipments
should be guaranteed by the OEM during Project Execution period.
Successful bidder should be ready to deploy 3-4 scanners and 10-15 computers per record room per
taluka. Along with that successful bidder should also be ready to deploy appropriate number of
computers and servers at District Metadata Center (space provided at district level for Metadata
entry), to carry out metadata entry work of required number of talukas simultaneously. Bidder should
remove any images stored in the scanner memory prior to movement from one taluka to another.
Based on the actual requirement at each record room, successful bidder would be required to increase
the number of scanning devices, computers and other peripherals, to ensure completion of the project
in the stipulated timeframe.
All the scanners proposed by the bidder should meet below mentioned Benchmark Specifications.
Bidders are required to submit the compliance to this effect within the Technical Proposal
(Annexure G.8.) along with name of make and model of the scanners proposed.
1. Flatbed/ADF Scanners
# Parameter Minimum Specifications
1. Scan Speed Colour - 40 ppm
2. Optical Resolution 300 dpi
3. Paper Size A3*, A4 and other Custom Sizes
4. Feeding Capacity (ADF scanners)
Minimum 100 sheets
*Atleast one A3 size scanner per taluka per phase *Other scanners to handle paper sizes of A4, Legal, Letter, Executive & other Custom Sizes
2. Book Scanners
# Parameter Minimum Specifications
1. Optical Resolution 300 dpi
2. Book cradle Manual with glass plate
3. Paper Size A2, A3, A4 and other Custom Sizes
Note: All the scanners proposed should come along with inbuilt software which should perform basic
operations on the raw images like:
• Provision for curvature removal
• Provision for black border removal
• Provision for document cropping
• Provision for document rotation
• Provision for de-skewing etc.
ANNEXURE G. TECHNICAL BID DOCUMENT FORMAT
8. BENCHMARK SCANNER SPECIFICATIONS
This has to be filled for the scanners proposed to be used for the project. It is to be noted that these
scanners will be the property of the bidder and will be used during the scanning activity.
1. Flatbed/ADF Scanners
Make and Model:
# Parameter Minimum Specifications
Technical specifications proposed by the
bidder
Compliance (Y/N)
1. Scan Speed Colour - 40 ppm
2. Optical Resolution
300 dpi
3. Paper Size A3*, A4 and other Custom Sizes
4. Feeding Capacity (ADF scanners)
Minimum 100 sheets
*Atleast one A3 size scanner per taluka per phase *Other scanners to handle paper sizes of A4, Legal, Letter, Executive & other Custom Sizes
2. Book Scanners
Make and Model:
# Parameter Minimum Specifications
Technical specifications proposed by the
bidder
Compliance (Y/N)
1. Optical Resolution
300 dpi
2. Book cradle Manual with glass plate
3. Paper Size
A2, A3, A4 and other Custom Sizes
ANNEXURE E SELF DECLARATION FORM FOR NOT HAVING
PENDING CASES IN COURT OF LAW
Original Clause in the RFP
(On stamp paper of Rs.100/-) To, Settlement Commissioner & Director of Land Records 2nd floor, New Administrative Building, Opposite Council Hall Pune – 411 001 Dear Sir, I hereby declare that there are no pending cases against M/s______________________
(Name & Address of Bidder) with Government of Maharashtra or any other court of law.
Signature of Bidder _____________________
Business Address _______________________
Place:
Date:
Amended Clause is as follows :
ANNEXURE E SELF DECLARATION FORM FOR NOT HAVING
PENDING CASES IN COURT OF LAW
(On stamp paper of Rs.100/-) To, Settlement Commissioner & Director of Land Records 2nd floor, New Administrative Building, Opposite Council Hall Pune – 411 001 Dear Sir, I hereby declare that there are no pending cases against M/s______________________
(Name & Address of Bidder) with Government of Maharashtra in any court of law.
Signature of Bidder _____________________ Business Address _______________________ Place:
Date:
Sr. NoRFP
Reference
RFP Clause
NumberContent of RFP requiring clarification Clarification / Suggestion Sought Clarifications
1 Annexure Page 106
We agree for unconditional acceptance of all the terms and
conditions set out in the RFP document and also agree to abide by
this tender response for a period of 180 days from the last date of
submission of the tender.
We agree for unconditional acceptance of all the terms and conditions
set out in the RFP document, subject to the deviations provided herein
and also agree to abide by this tender response for a period of 180 days
from the last date of submission of the tender.
RFP Clause remains unchanged.
2 Annexure Page 115
I hereby declare that there are no pending cases against
M/s___________(Name & Address of Bidder) with Government of
Maharashtra or any other court of law which might materially adversely
impact our ability to perform the services contemplated under this RFP
3 Annexure Page 115
Kindly remove this clause as most of the companies may have some or
the other cases going on in the court of law and pending for decsions. Or
Please allow bidders to give the declaration that they are not having any
pending cases with Government of Maharashtra, as this project is in the
state of maharashtra.
4 Annexure Page 115
Please allow to give declaration as :I hereby declare that there are no
pending cases against M/s ________with Government of Maharashtra in
any court of law.
5 Annexure Page 117
We agree for unconditional acceptance of all the terms and
conditions set out in the RFP document and also agree to abide by
this tender response for a period of 180 days from the date of
submission of the tender and it shall remain binding upon us with
full force and virtue, until within this period a formal contract is
prepared and executed, this tender response, together with your
written acceptance thereof in your notification of award, shall
constitute a binding contract between us and SC&DLR (M.S.), Pune.
We agree for unconditional acceptance of all the terms and conditions
set out in the RFP document, subject to the deviations provided herein
and also agree to abide by this tender response for a period of 180 days
from the date of submission of the tender and it shall remain binding
upon us with full force and virtue, until within this period a formal
contract is prepared and executed, this tender response, together with
your written acceptance thereof in your notification of award, shall
constitute a binding contract between us and SC&DLR (M.S.), Pune.
RFP Clause remains unchanged.
6 Annexure Page 126 As per RFP
Request to add following:
Provided, however, any information provided orally or in any other
intangible medium shall be reduced to writing within 15 days of
disclosure.
RFP Clause remains unchanged.
7 Annexure Page 126
In addition Company shall indemnify Collector of the actual and
liquidated damages which may be demanded by Collector.
10. Dispute Resolution. If any difference or dispute arises between
the Collector and the Company in connection with the validity,
interpretation, implementation or alleged breach of any provision
of this Agreement, any such dispute shall be referred to the
Settlement Commissioner & Director of Land Records (M.S.), Pune.
We request for deletion of this clause as all types of indemnity under
this contract is discussed in Section 8.4
We request for amendment of this clause to:
If any difference or dispute arises between the Collector and the
Company in connection with the validity, interpretation,
implementation or alleged breach of any provision of this Agreement,
any such dispute shall be mutually discussed between the Parties. The
Bidder and SC&DLR (M.S.), Pune would mutually appoint Arbitrators as
per the Arbitration & Conciliation Act, 1996".
RFP Clause remains unchanged.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
Tender Name Scanning Old Records in Tehsildar, Dy.SLR and CTS offices of Maharashtra
SELF DECLARATION FORM FOR NOT HAVING PENDING CASES IN
COURT OF LAW
I hereby declare that there are no pending cases against
M/s___________(Name & Address of Bidder) with Government of
Maharashtra or any other court of law.
The declaration is changed as follows :
I hereby declare that there are no pending cases against
M/s______________________ (Name & Address of Bidder) with
Government of Maharashtra in any court of law.
Please refer corrigendum.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
8 Annexure Page 128
Company acknowledges that (a) any actual or threatened
disclosure or use of the Confidential Information by Company
would be a breach of this agreement and may cause immediate
and irreparable harm to Collector; (b) Company affirms that
damages from such disclosure or use by it may be impossible to
measure accurately; and (c) injury sustained by Collector may be
impossible to calculate and remedy fully. Therefore, Company
acknowledges that in the event of such a breach, Collector shall be
entitled to specific performance by Company of Company’s
obligations contained in this Agreement. In addition Company
shall indemnify Collector of the actual and liquidated damages
which may be demanded by Collector. Moreover, Collector shall be
entitled to recover all costs (including reasonable attorneys’ fees)
which it or they may incur in connection with defending its
interests and enforcement of legal rights arising due to a breach of
this agreement by Company.
Company acknowledges that (a) any actual or threatened disclosure or
use of the Confidential Information by Company would be a breach of
this agreement and may cause immediate and irreparable harm to
Collector; (b) Company affirms that damages from such disclosure or
use by it may be impossible to measure accurately; and (c) injury
sustained by Collector may be impossible to calculate and remedy fully.
Therefore, Company acknowledges that in the event of such a breach,
Collector shall be entitled to specific performance by Company of
Company’s obligations contained in this Agreement. In addition
Company shall indemnify Collector of the actual and liquidated damages
which may be determined by a Court of competent jurisdiction
demanded by Collector. Moreover, Collector shall be entitled to recover
all costs (including reasonable attorneys’ fees) which it or they may
incur in connection with defending its interests and enforcement of
legal rights arising due to a breach of this agreement by Company.
RFP Clause remains unchanged.
9 Annexure Page 129 As per RFP
Request to delete this clause from the draft NDA and include a
amutually applicable version of it in the terms and conditions to be
included in the contract / agreement.
RFP Clause remains unchanged.
10 Annexure Page 129
If any difference or dispute arises between the Collector and
theCompany in connection with the validity, interpretation,
implementation or alleged breach of any provision of this
Agreement, any such dispute shall be referred to the Settlement
Commissioner & Director of Land Records (M.S.), Pune.
If any difference or dispute arises between the Collector and
theCompany in connection with the validity, interpretation,
implementation or alleged breach of any provision of this Agreement,
any such dispute shall be referred to an arbitrator to be appointed my
mutual consent of the Parties the Settlement Commissioner & Director
of Land Records (M.S.), Pune.
RFP Clause remains unchanged.
11 Annexure Page 130
Both parties agree that all of their obligations undertaken herein
with respect to Confidential Information received pursuant to this
Agreement shall survive till perpetuity even after any expiration
or termination of this Agreement.
Both parties agree that all of their obligations undertaken herein with
respect to Confidential Information received pursuant to this
Agreement shall survive till perpetuity even for a period of three (3)
years after any expiration or termination of this Agreement.
RFP Clause remains unchanged.
12 Annexure Page 134
We agree for unconditional acceptance of all the terms and
conditions set out in the RFP document and also agree to abide by
this tender response for a period of 180 days from the date of
submission of the tender and it shall remain binding upon us with
full force and virtue, until within this period a formal contract is
prepared and executed, this tender response, together with your
written acceptance thereof in your notification of award, shall
constitute a binding contract between us and SC&DLR (M.S.), Pune.
We agree for unconditional acceptance of all the terms and conditions
set out in the RFP document, subject to the deviations provided herein
and also agree to abide by this tender response for a period of 180 days
from the date of submission of the tender and it shall remain binding
upon us with full force and virtue, until within this period a formal
contract is prepared and executed, this tender response, together with
your written acceptance thereof in your notification of award, shall
constitute a binding contract between us and SC&DLR (M.S.), Pune.
RFP Clause remains unchanged.
13 Annexure Page 89 Metadata for each document type to be scanned (1) Please specify number of chars each field for meta data entry.Successful bidder will be provided exact details. On an average the
number of characters will be 5-8 per field.
14 Annexure Page 98 List of officesKindly do let us know what amount of space and infrastructure will be
provided to the Vendor at each site.
Successful bidder will be provided sufficient space to carry out
various activities mentioned under the Scope of Work
15Department
Overview
Sec. 2.3
Page 24
During pilot implementation of Scanning Project in Mulshi and
Haveli taluka, DSR Application for the entire state has been
developed, along with scanning of records of these two talukas.
1. What if the DSR application is down?
2. What should be the workaround for bidder?
3. In down time of DSR application, bidder should not be responsible for
TAT till DSR application gets up and running.
1&2. Successful bidder has to ensure basic maintenance of the
application. In case of major issues, necessary support will be
provided to the successful bidder in such cases.
3.Successful bidder will be responsible for completing the project
in the given timelines irrespective of any operational issues.
16Department
Overview
Sec. 2.3
Page 24
The successful bidder will be provided with this application for
Scanning and DSR purpose.
We would request to arrange the demonstration of existing DSR system
for understanding of vendor before quote.Please refer Sec.5.6. Page 50
17Department
Overview
Sec. 2.5
Page 24
SC&DLR (M.S.), Pune has dedicated network connectivity among
taluka level offices and State Data Center.
Kindly clarify, vendor doesn’t require to procure/setup any network
connectivity to delivery sites.
Network Connectivity mentioned here is used for other NLRMP
projects.
18Department
Overview
Sec. 2.6
Page 25
Will vendor be allowed to access/use of existing infrastructure in case
of any crisis with vendor’s infrastructure (Computer, Printers, Scanners
and UPS?
Vendor will not be allowed to access/use existing infrastructure
at any point in time.
19Department
Overview
Sec. 2.6.
Page 27Can we use existing Infrastructures while executing this scope?
Vendor will not be allowed to access/use department's existing
infrastructure at any point in time.
All taluka offices (Tehsildar, Dy.SLR and CTSO) in the state have
been provided adequate IT infrastructure like Computers,
Printers, Scanners, UPS and Biometric Devices etc for various
other projects under NLRMP.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/201320
Department
Overview
Sec.2.2.
Page 25 There are some records which are unique to each division
(1) As mentioned in tender "some records are unique to each division"
please clarify this documents have also been included in total volume.Volume mentioned in Annexure A has been provided considering
all documents to be scanned.
21 General NA Change in taxes- Clause not present in RFP
In the event of any increase or decrease of the rate of taxes due to any
statutory notification/s during the Term of the Agreement the
consequential effect shall be to the account of the Customer.
Request is not accepted.
22 General NA Deemed Acceptance- Clause not present in RFP
Any Deliverable(s) / Work Product(s) provided to the Customer shall be
deemed to have been accepted if the customer puts such Deliverable(s)
/ Work Product(s) to use in its business or does not communicate its
disapproval of such Deliverable(s) / Work Product(s) together with
reasons for such disapproval within 10 days from the date of receipt of
such Deliverable(s) / Work Product(s).
Request is not accepted.
23 General NA GeneralCould you please provide the location/ Site wise support window
required for on call / onsite support? If required?
Exact addresses of all concerned offices will be provided to the
successful bidders
24 General NA GeneralPlease clarify, the support window is only on Governement Working
Days. 9x6 only? i.e., Monday to Saturday
Support window will be from 9 am to 7 pm on all Government
working days
25 General NA General
While performing IMAC's / asset disposal process, shipping (Physical
transportation) of the assets between sites will be the departments
responsibility. Please clarify?
Query is not clear
26 General NA GeneralWe assume the supplier's scope is not limited to coordinate with the
maintenance vendors of the respective systems, Please clarify?Query is not clear
27 General NA GeneralAny New installations / Major upgrades shall be treated as a separate
projects through change request, Please confirm?Query is not clear
28 General NA GeneralSupport service window of each district, tashider, taluka offices and
department head office locations required
Exact addresses of all concerned offices will be provided to the
successful bidders
29 General NA Infra support
We assume that there are no specific support required for any servers,
network, security, database as part of this RFP requirement.
Maintenance and management of any servers related devices would be
the responsibility of department. Pls clarify
Necessary support for uploading scanned images and metadata in
DC will be part of the scope of work of the successful bidder.
30 General NA Infra support Support for DC / DR is not under scope of this RFP. Pls clarifyNecessary support for uploading scanned images and metadata in
DC will be part of the scope of work of the successful bidder.
31 General NA Infra supportIs server, network, database maintenance and management under
scope? Pls clarify
All servers, network,database setup created by successful bidder
for operational purpose of the project will be maintained by the
successful bidder.
32 General NA Infra support
Please share the list of tools currently in use and will be continued with
Supplier for the duration of the support : Any other tools, if any Please
list down?
Query is not clear
33 General NA Saving clause- Clause not present in RFP
Inclusion of savings clause:-
IA’s failure to perform its contractual responsibilities, to perform the
services, or to meet agreed service levels shall be excused if
and to the extent IA’s non-performance is caused by Company’s
omission to act, delay, wrongful action, failure to provide Inputs, or
failure to perform its obligations under this Agreement.
Request is not accepted.
34 General NA Title Transfer- Clause not present in RFPThe risk, title and ownership of the products shall be transferred to the
customer upon dispatch of such products to the customerRequest is not accepted.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
35 General NA
Limitation of Liability:
"Bidder proposes that its total aggregate liability in connection with
obligations undertaken as a part of the Project regardless of the form, or
nature of the action shall not exceed (a) the amount paid for the
products; or (b) the amount paid for the service for a period not
exceeding 12 months; or (c) the professional services that is the subject
of the claim.
Notwithstanding anything stated elsewhere in the Contract, the Bidder
shall not be liable for any indirect, special or consequential loss or
damages including but not limited to loss of profit, loss of business, loss
of anticipating saving or revenue, loss of data".
Request is not accepted.
36 General NA
Limitation of LiabilityNotwithstanding anything to the contrary in the
Agreement, in no event shall either Party be liable, whether in contract,
tort, or otherwise, for special, punitive, indirect or consequential
damages, including, without limitation, loss of profits or revenues
arising under or in connection with this Agreement even if such Party
has been advised in advance of their possibility. Circumstances may
arise where, because of a default on the Vendor’s part or other liability,
Customer is entitled to recover damages from the Vendor. Regardless of
the basis on which Customer is entitled to claim damages from the
Vendor (including fundamental breach, negligence, misrepresentation,
or other contract or tort claim), the Vendor’s entire liability for all
claims in the aggregate arising from or related to each product or
service or otherwise arising under this Agreement shall be limited to an
amount equal to the total charges payable to the Vendor pursuant to
this Agreement. This limit also applies to any of the Vendor’s
subcontractors and program developers. It is the maximum for which
the Vendor and its subcontractors and program developers are
collectively responsible.Vendor’s failure to perform its contractual
responsibilities, to perform the services, or to meet agreed service
levels shall be excused if and to the extent
Request is not accepted.
37 General NA Shift Working Options Will vendor be allowed to work in shifts at scanning sites/taluka?Successful bidder may work 24x7 after prior permission from the
Collector
38 General NA Network connectivity
What type of connectivity would be extended to us at every center? We
assume that your router would be connected to our switch for
extending the connectivity. Please specify. What would be bandwidth
provided per seat? Pl specify in kbps?
No connectivity will be provided by the department.
Limitation of Liability
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
39 General NA
Please add the below proviso in agreement:Purchaser acknowledges
that in performing Services under this Agreement Supplier may use
Supplier's proprietary materials including without limitation any
software (or any part or component thereof), tools, methodology,
processes, ideas, know-how and technology that are or were developed
or owned by Supplier prior to or independent of the Services performed
hereunder or any improvements, enhancements, modifications or
customization made thereto as part of or in the course of performing
the Services hereunder, ("Supplier Pre-Existing IP"). Notwithstanding
anything to the contrary contained in this Agreement, Supplier shall
continue to retain all the ownership, the rights title and interests to all
Supplier Pre-Existing IP and nothing contained herein shall be
construed as preventing or restricting Supplier from using Supplier Pre-
Existing IP in any manner.
Request is not accepted.
40 General NApleaseadd:No amendment to this agreement is valid unless signed by a
persons duly authorized by the parties.Request is not accepted.
41Instruction to
Bidder
Sec. 3.3
Page 27Bidder can apply for one or more or all divisions
Clarify the contract award process, if bidder apply for one or partial
divisions.
Please refer section 4.3.c. Third Stage- Commercial Evaluation
(Page 42).
Bidder may apply for one or more or all divisions. But applying
for partial division(s) will not be allowed.
42Instruction to
Bidder
Sec. 3.4,
Pg. 28 and
Sec.3.24,
Pg. 34.
Section 3.4 - 6. Performance Bank Guarantee validity period 3
months beyond Contract period.
Section 3.24 - ii. The successful bidder will submit separate
performance guarantee for each district.
iv. This Performance Bank Guarantee will be for an amount
equivalent to 10 % of contract value. All charges whatsoever such
as premium, commission etc. with respect to the Performance
Bank Guarantee shall be borne by the successful bidder.
v. The Performance Bank Guarantee shall be valid until the end of
3 months after the completion of the Contract with the successful
bidder. Subject to the terms and conditions in the Performance
Bank Guarantee, 3 months after the contract completion, the
Performance Bank Guarantee will lapse automatically.
vii. In the event of the successful bidder being unable to service the
contract for whatever reason, District Collector would invoke the
PBG. Notwithstanding and without prejudice to any rights
whatsoever of District Collector under the contract in the matter,
the proceeds of the PBG shall be payable to District Collector as
compensation for any loss
resulting from the successful bidder’s failure to complete its
obligations under the Contract. District Collector shall notify the
successful bidder in writing of the exercise of its right to receive
such compensation within 14 days from the date of notification,
indicating the contractual obligation(s) for which the bidder is in
default.
The Bidder agrees to provide a rolling Bank Guarantee at 10% of the
Annual Contract value upon signing of the Agreement. The Bank
Guarantee shall be valid during the period of the Agreement.
As regards Section 3.24 (vii), it is submitted that the PBG may be
forfeited or invoked only in the event of material breach and failure to
cure as per provisions of the Agreement by the Bidder. It is clarified that
the PBG cannot be invoked for force majeure or bankruptcy events.
RFP Clause is self explanatory.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
43Instruction to
Bidder
Sec.3.11.
Page 30
If during the course of execution of the project any minor revisions
to the work requirements like technical specifications, equipment
sizing, etc. are to be made to meet the goals of the project, such
changes shall be carried out within the proposed price. If any
deviation has a major impact on the commercials, Government of
Maharashtra’s Project Implementation Committee or the High
Power Committee shall take appropriate decision and such
decisions would be binding on the vendor.
Bidder would like to submit below proposed changes:-
If during the course of execution of the project any minor revisions to
the work requirements like technical specifications, equipment sizing,
etc. are to be made to meet the goals of the
project, such changes shall be carried out within the proposed price. If
any deviation has a major impact on the commercials, Government of
Maharashtra’s Project Implementation
Committee or the High Power Committee shall take appropriate
decision and such decisions cannot be binding on the vendor.
RFP Clause remains unchanged.
44Instruction to
Bidder
Sec.3.12
Page 31Price shall include all applicable taxes, duties, fees, levies.
In case of introduction of any new tax, duty or levy by the government
during the contract period, the same shall be paid or reimbursed by the
Purchaser.
RFP Clause remains unchanged.
45Instruction to
Bidder
Sec.3.12.
Page 31
Prices quoted in the bid must be firm and final and shall not be
subject to any upward modifications, on any account whatsoever.
Department reserves the right to negotiate the prices quoted in
the bid to effect downward modification.
Bidder would like to submit that for this project, price discovery
mechanism is being adopted by way of open tendering, then why need
arises for negotiation with L1 vendor.
Tender Clause remains unchanged. Vendor shall not get penalized
for refusing to negotiate.
46Instruction to
Bidder
Sec.3.22.
Page 33
After SC&DLR (M.S.), Pune notifies the successful bidder that its
bid has been accepted, District Collector of respective district shall
enter into a separate contract with the successful bidder. Terms
and Conditions specified in the RFP document shall become the
part and parcel of the contract document.
Bidder would like to submit below proposed changes:-
After SC&DLR (M.S.), Pune notifies the successful bidder that its bid has
been accepted, District Collector of respective district shall enter into a
separate contract with the successful bidder. Terms and Conditions
specified in the RFP document subject to the deviations provided
herein shall become the part and parcel of the contract document.
RFP Clause remains unchanged.
47Instruction to
Bidder
Sec. 3.23
Page 33
The bid security may be forfeited:
a) If a Bidder withdraws his bid or increases his quoted prices
during the period of bid validity or its extended period, if any; or
b) In the case of a successful bidder, if the Bidder fails to sign the
Contract or to furnish Performance Bank Guarantee within the
specified duration.
RFP Clause remains unchanged.
48Instruction to
Bidder
Sec.3.24.
Page 34
In the event of the successful bidder being unable to service the
contract for whatever reason, District Collector would invoke the
PBG. Notwithstanding and without prejudice to any rights
whatsoever of District Collector under the contract in the matter,
theproceeds of the PBG shall be payable to District Collector as
compensation for any loss resulting from the successful bidder’s
failure to complete its obligations under the Contract. District
Collector shall notify the successful bidder in writing of the
exercise of its right to receive such compensation within 14 days
from the date of notification, indicating the contractual
obligation(s) for which the bidder is in default.
In the event of the successful bidder being unable to service the contract
for whatever reason, District Collector would invoke the PBG.
Notwithstanding and without prejudice to any rights whatsoever of
District Collector under the contract in the matter, theproceeds of the
PBG shall be payable to District Collector as compensation for any loss
resulting from the successful bidder’s failure to complete its obligations
under the Contract and failure of the bidder to remedy such default
within 30 days of receiving a written notice from the District Collector
notifying it of such default. District Collector shall notify the successful
bidder in writing of the exercise of its right to receive such
compensation within 14 days from the date of notification, indicating
the contractual obligation(s) for which the bidder is in default.
RFP Clause remains unchanged.
49Instruction to
Bidder
Sec. 3.25
Page 36
“Unfair trade practices” means supply of services different from
what is ordered on, or change in the Scope of Work which is given
in the RFP.
Request to delete this definition since supply of different services or
change in scope of work would constitute a performance breach and
cannot amount to "unfair trade practice" under any circumstances.
RFP Clause remains unchanged.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
50Instruction to
Bidder
Sec.3.25.
Page 36
SC&DLR(M.S.),Pune shall reject the bid proposal for award of
contract, if it determines that the bidder recommended for award,
has been found to have been engaged in corrupt, fraudulent or
unfair trade practices. Once the contract is signed and if it is
noticed that the successful bidder has indulged into the Corrupt /
Fraudulent / Unfair / Coercive practices, it
will be a sufficient ground for department for
termination of the contract and initiate blacklisting of the vendor.
SC&DLR(M.S.),Pune shall reject the bid proposal for award of contract, if
it determines that the bidder recommended for award, has been found
to have been engaged in corrupt, fraudulent or unfair trade practices.
Once the contract is signed and if it is noticed found by a Court of
competent jurisdiction that the successful bidder has indulged into the
Corrupt / Fraudulent / Unfair / Coercive practices, it will be a sufficient
ground for department for termination of the contract and initiate
blacklisting of the vendor. Such blacklisting shall be for a period not
exceeding one (1) year.
RFP Clause remains unchanged.
51Instruction to
Bidder
Sec.3.26
Page 36
Failure of the successful bidder to agree with the Terms &
Conditions of the RFP/Contract shall constitute sufficient grounds
for the annulment of the proposal or the award, in which event
SC&DLR (M.S.), Pune may outrightly reject the proposal or make
the award to the next Best Value Bidder or call for new bids.
Bidder would like to submit below proposed changes:-
Failure of the successful bidder to agree with the Terms & Conditions
subject to deviations of the RFP/Contract shall constitute sufficient
grounds for the annulment of the proposal or the award, in which event
SC&DLR (M.S.), Pune may outrightly reject the proposal or make the
award to the next Best Value Bidder or call for new bids.
RFP Clause remains unchanged.
52Instruction to
Bidder
Sec.3.3
Page 27
Negotiation is ok, however, request Land records dept. To not impose
the downward modification in prices to vendor. It can be mutual.
Vendor can refuse to work below the quoted price without there being
any consequences, financial or otherwise.
53Instruction to
Bidder
Sec.3.3
Page 27
Bidder would like to submit that for this project, price discovery
mechanism is being adopted by way of open tendering, then why need
arises for negotiation with L1 vendor.
54 IntroductionSec.1.4
Page 15 & 16
The total volume for the entire state is about 26 crores.
Development of Document Search and Retrieval application is
already Completed and pilot project has completed in Mulshi and
Haveli taluka in Pune district.
Approximately 40 lacs documents have already been scanned and
indexed till now.
Does this complete pilot project for Mulshi and Haveli, i.e. 40 Lacs
document out of 26 crore documents are managed by outsource vendor
/ in house team?
Kindly provide the average no. of pages/images per document.
Please refer Sec.5.2. Page 46
55 IntroductionSec.1.4
Page 16Digitization of maps
1. Scope and methodology is not clear for Map Digitization
2. Commercial format is not having reference to Map Digitization
3. Do we have to share the Price per Map?
4. Kindly share Division wise volume breakup
Digitization of maps is not part of the Scope of Work for this
project.
56Project
Implementation
Sec. 6.3
Page 72
The Bidder requests to clarify that satisfactory completion under the
Agreement shall mean completion of the work as per the specification
and acceptance criterion.
RFP Clause is self explanatory.
57Project
Implementation
Sec.6.3.
Page 72
The contract for individual district shall remain in force till 6 months
post satisfactory completion of all activities for the last set of talukas for
the respective district and payment of all dues to the successful bidder.
RFP Clause remains unchanged.
58Project
Implementation
Sec.6.4.
Page 73
2 Vendors will be selected for each division separately. 1 Vendor
will be responsible for carrying out scanning project in all districts
in that division except one district
This point is not clear and nor the context. We request you to elaborate
and clarify the same.
Please refer section 4.3.c. Third Stage- Commercial Evaluation
(Page 42)
Department reserves the right to negotiate the rates with
successful bidders in case the rates obtained are found
unreasonable by the department/Department reserves the right to
negotiate the prices quoted in the bid to effectd ownward
modification.
RFP Clause is self explanatory and RFP clause remains unchanged.
The contract for individual district shall remain in force till 6
months post satisfactory completion of all activities for the last set
of talukas for the respective district.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
59Project
Implementation
Sec.6.6
Page 79
1. Vendor should ensure that server where data is being stored is
provided highest security and nobody except project manager has
access to it.
2. Vendor should ensure that servers used for storing scanned
images at scanning premise is provided highest security
1. Kindly confirm if Department will provide such sufficient space with
required Infrastructure set-up to build such set¬up?
2. Are you looking for Physical Security Guard
or something? Kindly elaborate. As we nderstand the said premises will
be given by Department and will have security arrangements
Successful bidder will be provided only physical space for
scanning at taluka record rooms and space for metadata entry at
District Metadata Center along with DSR application.
Successful bidder should arrange all other resources required for
carrying out the project - servers, computers, manpower, lan etc.
Successful bidder will also be responsible for all kind of data
security
60
Qualification
Criteria and Bid
Evaluation
Sec. 4.1.1.
Page 3.7
Request you to allow consortium bidding considering the size of the
project, this will give more competitive bids.
61
Qualification
Criteria and Bid
Evaluation
Sec. 4.1.1.
Page No.37Consortium should be allowed.
62
Qualification
Criteria and Bid
Evaluation
Sec. 4.1.2.
Page No.37Request to allow consortium If possible.
63
Qualification
Criteria and Bid
Evaluation
Sec. 4.1.1.
Page No.37
As there is no scope of software development involved in this project,
we request the department to delete this clause from the tender to
enable more participation of the bidders and a competitive price
64
Qualification
Criteria and Bid
Evaluation
Sec. 4.1.1.
Page No.37
We are ISO 9001 and ISO 27001 company we would request you to
kindly also allow the company having ISO 9001 / ISO 27001 to
participate in this tender.
65
Qualification
Criteria and Bid
Evaluation
Sec.4.1.
Page 37
This Project is for scanning and digitization of documents and software
is being provided by department therefore CMMi Level3 certification is
not required. Request you to modify this clause as “Bidder should have
ISO Certification in Data Digitization”
66
Qualification
Criteria and Bid
Evaluation
Sec.4.1.1
Page No. 37
Since, the RFP is not for software development but for Scanning, Data
entry services & Project Management, then why SEI CMMi level 3
certification is required?
Can the companies having established scanning and DMS software
customizable to govt. required participation RFP.
If they are not SEI CMMi level 3, but also ISO certified.
67
Qualification
Criteria and Bid
Evaluation
Sec. 4.1.1.
Page No.37
Bidder should have implemented at least one project for Scanning
& DMS related work of a minimum value of Rs.1 crore in last 3
financial years (FY 2012-13, 2011-12, 2010-11).
Scanning job done for inter company documents , supporting with
Chartered Accountants Certificate would suffice this requirement. (FY
2012-13, 2011-12, 2010-11)
68
Qualification
Criteria and Bid
Evaluation
Sec. 4.1.1.
Page No.37
Bidder should have scanned atleast 3 crores
documents in the last 3 financial years(FY
2012-13, 2011-12, 2010-11)
Scanning job done for inter company documents , supporting with
Chartered Accountants Certificate would suffice this requirement. (FY
2012-13, 2011-12, 2010-11)
69
Qualification
Criteria and Bid
Evaluation
Sec. 4.1.1.
Page No.37
Bidder should have minimum total cumulative
turnover of Rs. 300 crores from IT and Other services for the last 3
financial years (FY 2012-13, 2011-12, 2010-11)
RFP Clause remains unchanged.
70
Qualification
Criteria and Bid
Evaluation
Sec. 4.1.1.
Page No.37
Since the activity is more related to scanning and Digitization it is
requested to kindly relax the turnover criteria of 300 crores from IT
services to 300 crore overall turnover so that many Vendors can
participate in this RFP.
RFP Clause remains unchanged.
71
Qualification
Criteria and Bid
Evaluation
Sec.4.1.1
Page No. 37
Bidder should have valid documentary proof of Sales Tax/VAT
registration number, Service Tax Registration Number & PF
registration Number
Will bidder be considered, if he has Services Tax and PF number but
doesn’t have Sales Tax/VAT registration number?
Bidder should submit the clarification why Sales Tax / VAT
Registration number is not applicable for them. If the clarification
is valid, the bidder would be considered.
72
Qualification
Criteria and Bid
Evaluation
Sec.4.1.1
Page No. 37
Turnover Criteria Bidder should have minimum total cumulative
turnover of Rs. 300 crores from IT services for the last 3 financial
years (FY 2012-13, 2011-12,2010-11)
1. Does BPO/ITES company qualify for the bidding of this tender? Red,
2. Can bidder submit the audited balance sheet or bidders are required
to submit the CA certificate?
Revenue from BPO / ITES shall be considered as revenue from 'IT
Services'. Since the Balance Sheet would not differentiate between
revenue from IT and Non IT, CA Certificate is also required along
with audited P&L statement.
No consortium is allowed RFP Clause remains unchanged.
Bidder should have SEI CMMi level 3 or above certification
This clause has been changed as follows :
Bidder should have either
1) SEI CMMi Level 3 or above or
2) ISO 9001 Certification or
3) 27001 Certification
Please refer Corrigendum
Turnover from Scanning and DMS related business should be for
an external, billable client. Work carried out for Internal purpose
won't qualify for this eligibility criterion.
Bidder should have minimum total cumulative turnover of Rs. 300
crores from IT services for the last 3 financial years (FY 2012-13,
2011-12, 2010-11)
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
73
Qualification
Criteria and Bid
Evaluation
Sec.4.1.1
Page No. 37
Our organization is a worldwide organisation with multiple BUs
engaged in various business. The CMM certification is awarded to our
organization's BU which is engaged in Application Development and
Delivery which is a part of our organization's business. We propose to
present the same certificate since the App dev wil lbe done by the same
BU. Hope this satisfies the criteria.
CMM / ISO Certificate should be on the bidder organization's
name. Certificate on the sister concern or the parent firm or for
the subsidiary firm shall not satisfy the eligibility criteria.
74
Qualification
Criteria and Bid
Evaluation
Sec.4.3.
Page 42Third Stage – Commercial Evaluation
The entire scope will be divided among 4 vendors? Or for each Division
there will be maximum 1 Vendor Only?RFP Clause is self explanatory.
75
Qualification
Criteria and Bid
Evaluation
Sec.4.5.
Page 44
Besides other conditions and terms highlighted in the RFP, bids
may be rejected under following circumstances: General Rejection
Criteria
a. Conditional Bids
Bidder would like to confirm that submission of deviations on
contractual terms and conditions will not make the bid conditional.
Please clarify.
RFP Clause remains unchanged.
76
Qualification
Criteria and Bid
Evaluation
Sec.4.5.
Page 44
Bidders not complying with the Technical and General Terms and
conditions as stated in the RFP
Bidders not complying with the Technical and General Terms and
conditions as stated in the RFP, subject to the deviations provided
herein.
RFP Clause remains unchanged.
77
Qualification
Criteria and Bid
Evaluation
Sec.4.6
Page 45
The vendor should abide by all Terms and Conditions specified in
the RFP Document. Conditional offers shall be liable for
disqualification.
Bidder would like to submit below proposed changes:-
The vendor should abide by all Terms and Conditions specified in the
RFP Document subject to deviations. Conditional offers shall be
liable for disqualification.
RFP Clause remains unchanged.
78 Schedule Page 10 Extension of date of submision for atleast 3 weeks:
79 Schedule Page 10We would like to request for extension of the proposal submission date
by 15 days. Please respond.
80 Schedule Page 10
Extension for submision for atleast 2 weeks: Since this tender is very
big and requires study at the offices in different geographies in the state,
Request you to Extend the tender submission date by at least 2 weeks.
81 Schedule Page 11
*RFP Document can be downloaded only from these websites. All
bidders should download the
RFP document from these websites for their consideration and
submit tender manually. No
hard copy will be provided in the department premises.
If we download RFP from said website then can we submit Tender fees
in the form of Demand Draft along with EMD.
Bidders have to submit a non–refundable Tender Fee by Demand
Draft from Nationalized Bank, in the name of “Settlement
Commissioner & Director of Land
Records, Maharashtra State, Pune” payable at Pune.
EMD should be in the form of Bank Guarantee from Nationalized
Bank drawn in favor of “Settlement Commissioner & Director of
Land Records, Maharashtra State, Pune” and valid for 180 days
which can be extended if required.
82 Scope of Work NA Data Security Does vendor required to setup Fire wall?
Successful bidder needs to make all necessary arrangement at
taluka level record rooms, district metadata centers to ensure
data security, during uploading at SDC and also during transit of
data from any location to another location.
83 Scope of Work NA General How old these documents are? Few documents are almost 140 years old.
84 Scope of WorkSec.5.1.
Page 46
“Contract” means the agreement entered into between the District
Collectors and the Bidder, as recorded in the Contract form signed
by the parties, including all the attachments and appendices
thereto, and all documents incorporated by reference therein
We request to modify the existing definition as:
“Contract” means the agreement entered into between the District
Collectors and the Bidder, as mutually agreed between the Parties and
recorded in the Contract form signed by the parties, including all the
attachments and appendices thereto, and all documents incorporated by
reference therein
RFP Clause remains unchanged.
85 Scope of WorkSec. 5.2
Page 47
• Vendor will have no right to reject/deny carrying out scanning
project in any district or taluka in any Division. Strict action will be
taken against vendors for any such act of rejection or denial.
We request to modify the existing definition as:
• Vendor will have no right to reject/deny carrying out scanning project
in any district or taluka in any Division without providing a prior written
reason for such rejection/denial .
RFP Clause remains unchanged.
Last date and time of submission of bid proposal in the office of
SC&DLR (M.S.), pune
The request is considered.
Last date and time for submission of bid proposal in the office of
SC&DLR (M.S.), Pune is 1500 hrs on 06th September,2013.
Please refer corrigendum.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
86 Scope of WorkSec.5.2.
Page 48
Scanning Project will roll out in the entire state with Division as a
single unit
(1) As mentioned in tender "Vendor will be selected for each division"
as in divisions there are number of districts, talukas and CTSO where
digitization project needs to be carried out, Are we allowed to setup up
digitization centre in a single location of division.
Please refer Section 4. Page 60
87 Scope of WorkSec.5.4.
Page 49
IT Infrastructure For successful and smooth execution of the
project sufficient numbers of high end scanners, book scanners,
computers etc. will be required to capture images of the
documents. Inappropriate scanners may lead to unacceptable
image quality, leading to penalty and rework, thus the vendor
should show quality of images captured using various devices and
seek approval prior to actual work. Successful bidder should be
ready to deploy 3-4 scanners and 10-15 computers per record
room per taluka. Along with that successful bidder should also be
ready to deploy appropriate number of computers and servers at
District Metadata Center (space provided at district level for
Metadata entry), to carry out metadata entry work of required
number of talukas Simultaneously. Successful Bidder should
increase the number of image capturing devices, computers and
other peripherals based on the requirement, to complete the
project in the Stipulated timeframe.
Will metadata data entry work be conducted only out of District
Headquarters?
Will the other offices(Dy.SLR/CTSO) only scan the images and upload it
to the DSR application that would be installed at all desktops?
All metadata entry work will be done in District Metadata Center.
Scanning activities will be done at space provided at Tehsildar,
Dy.SLR and CTSO offices at Tehsil level.
88 Scope of WorkSec. 5.5
Page 50Communication Plan Pls give more clarity on it Please refer Section 5.11.4, Page 68
89 Scope of WorkSec. 5.5
Page 50Kindly share the no of resources to be deployed at each location.
Successful bidder should deploy appropriate resources with
required skillsets and qualifcations for carrying out the work
mentioned in Scope of Work
90 Scope of WorkSec. 5.5
Page 50
Kindly share the eligibility criteria for each resources to be deployed at
each location in the state
Successful bidder should deploy appropriate resources with
required skillsets and qualifcations for carrying out the work
mentioned in Scope of Work
91 Scope of WorkSec. 5.5
Page 50
For the deployment required printers, scanners, desktops other
accessories as per RFP requirement at each record room, the cost need
to be borne by supplier? Pls clarify
Successful bidder should arrange all resources required for
carrying out the project - servers, computers, manpower, lan etc.
92 Scope of WorkSec.5.5
Page 49
place for setting up electricity
board at both setups
- Electricity bill and expenses
for setting up electricity outlets will be borne by the vendor
1. Kindly share Electricity availability in these Divisions
2. Is there any provision of Power back-up and Department will provide
the same to SI at no cost?
We request you to Provide Electricity at No Extra Cost.
Electricity cost will be borne by the successful bidder. Power
backup will be arranged by the successful bidder, if required.
93 Scope of WorkSec.5.5
Page 49
Is this a mandatory ask or Indicative. We understand that it’s a SLA
based project and SI should have liberty to decide on number of PCs etc.
Kindly clarify.
94 Scope of WorkSec.5.5
Page 49
Kindly share the skills required for hiring project managers, quality
control experts, hardware, database management experts and huge set
of Scanning Station operators.
95 Scope of WorkSec.5.5
Page 49
Successful bidder should be ready to deploy 3-4 scanners and 10-
15 computers per record room per taluka
Is this a mandatory ask or Indicative. We understand that it’s a SLA
based project and SI should have liberty to decide on number of PCs etc.
Kindly clarify.
Successful bidder should deploy appropriate number of scanners
and computers to ensure that a phase is completed in the given
timelines.
96 Scope of WorkSec.5.5
Page 49
Successful bidder should create high Security infrastructure in the
premise providedKindly elaborate this. The clause is self explanatory.
Resource Deployment List
Successful bidder should be ready to deploy 10- 15 manpower per
record room per taluka
Successful bidder should deploy appropriate number of
manpower with relevant experience and qualification to ensure
that a phase is completed in the given timelines.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
97 Scope of WorkSec.5.6
Page 50
DSR Application will be provided to the successful bidder by
SC&DLR (M.S.), Pune. The successful bidder will use this
application for scanning and metadata entry purpose. The
successful bidder is expected to understand the application in
detail, prior to actual scanning work. The successful bidder will be
helped by NIC officials from the respective districts and
department officials in understanding the application completely.
For first level understanding
of the application, a brief note on it has been mentioned in the
following section.
• Name of the Application: e-Records Application
• Mode: Client Server as well as Web-based
• Technology Used: Microsoft VB.Net for front end and PostGreSQL
as database for client
server and IIS6.0 and ASP.net for web module
• Modules: Master (Backup), User Administration, Image
Processing, Metadata Transaction, Quality Control, End User
Search, Printing, File Import/Export.
Please bifurcate the hardware requirements at every location? We
understand from the RFP that you would be only providing the
application. Is there a requirement for servers to be provisioned at
every location, besides the desktops.? Do specify the server requirement
for Tehilsidar/Dy.Tehilsidar/CTSO office.?
Successful bidder will be provided only physical space for
scanning at taluka record rooms and space for metadata entry at
District Metadata Center along with DSR application.
Successful bidder should arrange all other resources required for
carrying out the project - servers, computers, manpower, lan etc.
98 Scope of WorkSec.5.6
Page 50General
Is the DMS of single vendor will be rolled out across or there will be
different DMS at each division vendor wise.
A single DMS owned by the department will be used in all the
record rooms mentioned in Scope of Work.
99 Scope of WorkSec.5.6
Page 50Successful bidder will be only given the DSR application
(1) What are the other infrastructure provided by NRLMP like
Connectivity to server/district data centre for uploading of images,
power backup, electricity wiring and air conditioned environment for
digitization activity.
Successful bidder will be provided only physical space for
scanning at taluka record rooms and space for metadata entry at
District Metadata Center along with DSR application.
Successful bidder should arrange all other resources required for
carrying out the project - servers, computers, manpower, lan etc.
100 Scope of WorkSec.5.6.
Page 51
Successful bidder should always remember that 'DOCUMENT
SEARCH AND RETRIEVAL APPLICATION' is property of SC&DLR
(M.S.), PUNE and mischievous activity of any sort will lead to
heavy penalty, legal action under relevant acts and also
blacklisting
Bidder would like to understand what would constitute as mischievous
activity and when there are legal ramifications available, blacklisting
should not be resorted to.
Suggest the following changes in the clause:Successful bidder should
always remember that 'DOCUMENT SEARCH AND RETRIEVAL
APPLICATION' is property of SC&DLR (M.S.), PUNE and mischievous
illegal activity of any sort will lead to heavy penalty, legal action under
relevant acts and also blacklisting.
RFP Clause remains unchanged.
101 Scope of WorkSec.5.6.
Page 52DSR APPLICATION STUDY
Kindly confirm if Department or NIC will provide a detailed training and
Training Content to selected SI at no additional cost?
Necessary training will be provided to successful bidders in due
course without any cost.
102 Scope of WorkSec.5.7
Page 54
On successful completion of DSR study and installation, vendor
will carry out a small demo run of the scanning work before
starting actual work. Bidders should note that before carrying out
actual work for the entire district, vendor will do a Proof of
Concept by carrying out a pilot implementation in 5 villages from
the district. The activity should encompass all activities mentioned
below except pt. c, d and e of Stage III. Only after acceptance of the
output of the sample villages by the concerned department
officials, actual work should start. As mentioned, during POC
successful bidder will carry out all the activities like taking and
handing over
document, scanning and metadata entry, quality check of the
scanned images, metadata, QC of 1% printouts. Successful bidder
should also give a demo of POC to the respective District Collector
and his team.
During the Proof of Concept stage too, we assume that the DSR
application would be extended to us.
Do we have to provide for IT infrastructure
(scanners,Desktops,Network switches) during this stage or will you
provide the same?
If vendor has to provide for IT infra during Proof of concept, please
provide details of the same
POC is a part of the overall project. Successful bidder will be
provided only physical space for scanning at taluka record rooms
and space for metadata entry at District Metadata Center along
with DSR application.
Successful bidder should arrange all other resources required for
carrying out the POC also - servers, computers, manpower, lan etc.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013103 Scope of WorkSec. 5.7
Page 54(1) Documents for scanning are in bind book or loose sheets state? RFP Clause is self explanatory.
104 Scope of WorkSec. 5.7
Page 54
(2) In case documents are in bind book state then are we allowed to
unbind for the purpose of ADF scanning.RFP Clause is self explanatory.
105 Scope of WorkSec. 5.7
Page 54(3) Do we need to scan selective or all pages provided for scanning? Please refer Section 2. Quality Check Page 59
106 Scope of WorkSec. 5.7
Page 54(4) What is average number of pages in a file/record for scanning? Number of pages per file vary.
107 Scope of WorkSec. 5.7
Page 54
(5) Please specify total % of physical document condtion like torn or
mutilated from total volume.Number of pages in various conditions vary.
108 Scope of WorkSec. 5.7
Page 54
(6) As documents are related to land records so photographs will also
be avaialble for scanning, if available then how many photos will be in
each records.
No photographs are available or part of the Scope of Work of this
project.
109 Scope of WorkSec. 5.7
Page 56
In case page size of a document does not fall under the standard
size, department officials will capture the nearest standard size.
In case of non standard sizes, the nearest size to be captured by Bank
official. Also request that, these cases to be noted as "non-standard" as
the final QC as well as at the time of resubmitting the document this can
be challenging due to subjective measurement of sizes.
For example: "A4 (NS)" instead of "A4"
RFP Clause remains unchanged.
110 Scope of WorkSec. 5.7
Page 56
if any illegible document are found and required the attention of the
customer to assist in scanning, any such document not to be measured
under the SLA 'timeline' parameter
Successful bidder will have to follow the timelines and SLA as
mentioned in the RFP irrespective of any operational issues.
111 Scope of WorkSec. 5.7
Page 56
If any scanned document does not pass the QC, and if it has been due to
the bad condition of the specific original document/book, such a
document/book to be excluded from the QC process.
No document will be excluded from the QC process. The decision
regarding the QC output of such document will be taken by local
department officials.
112 Scope of WorkSec. 5.7
Page 56QC Process timeline Request to define the QC process timeline from the customer
QC process timeline, for the QC to be undertaken by the successful
bidder, will be part of the overall timeline.
113 Scope of WorkSec. 5.7
Page 56Unavilability of document or pages/books missing
in case of Unavilability of document or pages/books missing, request
such documents not to be considered for any penalty calculation as
scanning will not be performed on them. If, vendor has already
performed the scanning of the document with missing pages, customer
to pay for the actual scanned only. QC process to consider such outliers
in documents
Successful bidder will have to follow the timelines and SLA as
mentioned in the RFP irrespective of any operational issues.
114 Scope of WorkSec. 5.7.
Page 56
Vendor will do a Proof of Concept by carrying out a pilot
implementation in 5 villages from the district
1. What will be the duration of the POC?
2. We understand that POC will be chargeable and all output will be paid
as per unit rate.
3. Is Training and Capacity Building will be the part of POC?
1. Please refer Section. 6.1. Timelines
2. Documents scanned under POC will be part of Scope of Work
and will be considered as per unit rate.
3. Department officials involved in POC need to be trained.
115 Scope of WorkSec. 5.7.
Page 58
*The vendor should note that cello- tape used should not lead to
shining output
Any tape repair will cause certain amount of shining/glare hence this
point is not valid. Requesting you to delete it.
RFP Clause remains unchanged. In case of single sided document,
cello tape can be applied on the back side. Also matt finish cello
tape may be used to avoid shining/glare
116 Scope of WorkSec. 5.7.
Page 58
Attaching top sheet/jacket on each land records book/file with
details such asWho will provide Top sheet/jacket? Department officials will attach the top sheet to all documents.
117 Scope of WorkSec. 5.7.
Page 60DPI Specifications
All pages needs to be scanned in Color? We suggest to go with B/W or
GrayscaleRFP Clause remains unchanged.
118 Scope of WorkSec. 5.7.
Page 60Image should be clean and free of noise.
Kindly confirm if the Software Application which will be provided by
NIC / Department will have all such featuresRFP Clause is self explanatory.
119 Scope of WorkSec. 5.7.
Page 62
Bidders should note that the records will be primarily in Marathi
with some data also in Gujarati / Urdu / Kannada / Modhi Lipi, etc.
which are present in some areas.
1. Kindly share break-up ratio % for each such language
2. Kindly confirm if Department will provide assistance in reading and
processing such languages as finding resources at each level for all
languages will be very difficult
The breakup ratio is variable and the successful bidder will
deduce it for the respective taluka record room prior to work.
Department will not provide any such assistance.
120 Scope of WorkSec. 5.7.
Page 62Double Blind Data Entry method
Kindly confirm if the Software Application which will be provided by
NIC / Department will have all such featuresRFP Clause is self explanatory.
Detailed List of record rooms and talukas in each of the 34
districts
Ineligible document
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
121 Scope of WorkSec. 5.7.
Page 65
The vendor will provide minimum two computers exclusively,
with DSR application installed to department officials during the
project for QC activities of the department.
Is this a mandatory ask or Indicative? RFP Clause remains unchanged.
122 Scope of WorkSec. 5.7.
Page 66
It should be noted that some documents in few offices has already
been scanned earlier. In all such cases, as per the decision of
Collector, vendor will convert the scanned images from their
current format to .pdf/a and perform all other activities
1. Kindly confirm the volume and location break up for this activity
2. Kindly confirm if the same Unit rate will be applicable to process
these pre-scanned records?
Such volume will be available to the successful bidder while
scanning records in the respective taluka record rooms.
Unit rate mentioned in the Commercial bid format will be
applicable.
123 Scope of WorkSec. 5.7.
Page 55
Do we have to pick up documents from different
building/ offices or they will be in one building onlyRFP Clause remains unchanged.
124 Scope of WorkSec. 5.7.
Page 55
If we have to pick up documents from different offices how often can
pickup/delivery be doneRFP Clause remains unchanged.
125 Scope of WorkSec. 5.7.
Page 55
Are pages organized into major groups (e.g. folders, files or bound
books, if % of these document categories be provided it will be
good)
RFP Clause remains unchanged.
126 Scope of WorkSec. 5.7.
Page 57Scanning
Do we need to document restoration activity on the very old documentsRFP Clause is self explanatory.
127 Scope of WorkSec. 5.7.
Page 58B. Stage II – Scanning
Please clarify whether the documents are bounded or loose pages. Can
we unbind the bounded documents.Refer Clause Sec.5.7. Page 57
128 Scope of WorkSec. 5.7.
Page 58Scanning How old are these documents? Few documents are almost 140 years old.
129 Scope of WorkSec. 5.7.
Page 58Scanning What percentages of the documents are in bad condition? RFP Clause remains unchanged.
130 Scope of WorkSec. 5.7.
Page 58Scanning
Are the documents preprinted or they are printouts/handwritten,
please share approximate
percentage of each category
Documents have both pre-printed and hand written content.
131 Scope of WorkSec. 5.7.
Page 58Scanning Are the documents thin/bond paper/butter paper Documents are of various GSM
132 Scope of WorkSec. 5.7.
Page 58Scanning How many fields to be captured for indexing Refer Annexure A, Page 87
133 Scope of WorkSec. 5.7.
Page 58Scanning
Generally where we can find the indexing data in a file, (do we need to
go through multiple pages of the file to get meta data indexing fields?
Indexing data(metadata) will be available on each page which
needs to be captured. Apart from that some standard metadata
needs to be captured from the top sheet on each file also.
134 Scope of WorkSec. 5.7.
Page 58Scanning
Is there a soft data available of the documents (existing
listing/inventory)RFP Clause is self explanatory.
135 Scope of WorkSec. 5.7.
Page 58Scanning Do we require any audit on the completeness of files RFP Clause remains unchanged.
136 Scope of WorkSec. 5.7.
Page 58Scanning
What are the scanning specifications (image format is not specified)Please refer Sec. B Stage II - Scanning Page 58
137 Scope of WorkSec. 5.7.
Page 58Scanning
What will be delivery mechanism of images? Do we need to upload
images in DMS or WIMS will have to provide DMS of images need to give
in DVD?
Please refer Section C. Stage III- Post Scanning, Page 64
138 Scope of WorkSec. 5.7.
Page 58Scanning
If images need to be uploaded in client software then we need to
understand the software specifications
Successful bidder will be provided training on DSR application.
139 Scope of WorkSec. 5.7.
Page 58Scanning
Is it mandatory to deploy OCR/ICR tools or the job can also be done
manually?RFP Clause is self explanatory.
140 Scope of WorkSec. 5.7.
Page 60Metadata Entry Please specify the language of Data Entry is it in Marathi or English? Metadata entry will be in Marathi
141 Scope of WorkSec. 5.7.
Page 60Metadata Entry Request you to provide data entry screen shots of the software.
All details of DSR application will be provided to the successful
bidder.
142 Scope of WorkSec.5.7
Page 60
Indicative list of Records to be scanned at Tehsildar Office record
room, Dy.SLR
(3) As mentioned in tender RFP is issued for scanning of old land
records, please clarify do we need to scan only land records or list of
documents mentioned in Annexure-A
RFP Clause remains unchanged.
The vendor will collect all documents mentioned in the scope of
work from the concerned department official
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
143 Scope of WorkSec.5.7
Page 60
Primarily in Marathi with some data also in Gujarati / Urdu /
Kannada / Modhi Lipi, etc.
(1) As mentioned in tender "non-marathi language data is understood
and correct metadata entry in Marathi is done" Is it means all the meta
data entry needs to be entered in Marahathi langauge only or bi-lingual
in English language also? Who will provide exact conversion of data in
other languages like Urdu, Gujrati etc. of we have to depend on the
operators efficiency.
Metadata entry will be in Marathi.
All necessary support for other languages have to be arranged by
the successful bidder, wherever required.
144 Scope of WorkSec.,5.7
Page 63
While performing metadata entry in UNICODE Marathi, vendor
should ensure that there is no garbage (GOLU) characters in the
data fed in the application. Vendor may deploy his own tool to
ensure the same.
Kindly confirm if your application will allow SI to add Plug-ins for this
purpose?
Unicode Marathi Data Cleansing tools are available from CDAC. If
other tools are proposed by the vendor, these shall be evaluated
by DIT, Govt of Maharashtra, to ensure that these are as good as
or better than CDAC tools.
145 Scope of WorkSec.5.7
Page 60While scanning, the important parameter is DPI
(1) As mentioned in tender that all documents to be scanned in 100 dpi
in color, please clarify that, is there any specific requirement for color or
it can be scanned in standard 200 dpi in monochrome mode.
RFP Clause remains unchanged.
146 Scope of WorkSec.5.7
Page 60
(2) Please specify meta data entry field information will be available on
which page of the record?Please refer Annexure A
147 Scope of WorkSec.5.7
Page 65
It should be noted that some documents in few offices has already
been scanned earlier.
(1) As mentioned in tender, some documents have already been
scanned, please specify total number of images, image format like
tiff/jpeg, scanned DPI and page size etc.
Such volume will be available to the successful bidder while
scanning records in the respective taluka record rooms.
148 Scope of WorkSec.5.7.
Page 59
The bidder should note very carefully that some regions in various
divisions may have problems of uninterrupted power supply due
to load shedding. The bidder should be ready to work during time
period whenever electricity is available.
Kindly consider relaxation in SLA for the regions in all divisions where
works may be effected due to the load shedding.
Successful bidder will have to follow the timelines and SLA as
mentioned in the RFP irrespective of any operational issues.
149 Scope of WorkSec. 5.9
Page 69Operational Support
Pls let us know the no of resources to be deployed at each locaton as
part of operational support in post implementation phase
Successful bidder should deploy appropriate resources with
required skillsets and qualifcations for carrying out the work
mentioned in Scope of Work
150 Scope of WorkSec. 5.9
Page 69Operational Support
pls clarify whether the necessary accessories like desktop, printer,
scanner etc would be provided by department for the resources to be
deployed at each location in post implementation phase
Please refer Section. 5.9. Operational Support
151 Scope of WorkSec. 5.9
Page 69Operational Support
Pls let us know if there is any qualification criteria for the resources to
be deployed at each location in post implementation phase
Successful bidder should deploy appropriate resources with
required skillsets and qualifcations for carrying out the work
mentioned in Scope of Work
152 Scope of WorkSec. 5.10
Page 67
Considering that Annexure-B mentions a total of 741 record rooms,
would it be correct to assume that the number of trainees would be
between 2964 and 3705?
RFP Clause remains unchanged.
153 Scope of WorkSec. 5.10
Page 67
Would infrastructure required for training such as training room,
furniture, projector, PCs, internet connection, etc. be provided by the
department at all locations?
Successful bidder should arrange for all required infrastructure
for training. Vendor may use the premises used for scanning for
training purposes, if suitable and allowed by Collector.
154 Scope of WorkSec. 5.10
Page 67
For timely completion of training, can people from different record
room (in the same or adjacent talukas) be clubbed to together in a single
batch for training? If yes, what would the batch size for such training be?
RFP Clause is self explanatory.
155 Scope of WorkSec. 5.10
Page 67
Besides providing trainers, is there any other deliverable expected from
our organization? (such as course material for participants)
Vendor should provide course material to all participants along
with trainers.
156 Scope of WorkSec.5.10
Page 67
The successful bidder will provide training to 4-5 people in each
record room over a period of 1-
2 days to make them conversant with department's DSR
application and aspects mentioned above.
Bidder presumes that training will be a one-time activity and that there
will be no refreshers post-implementation. Please validate this
understanding.
RFP Clause is self explanatory.
157 Scope of WorkSec.5.10
Page 67
The successful bidder will provide training to 4-5 people in each
record room over a period of 1-
2 days to make them conversant with department's DSR
application and aspects mentioned above.
Please clarify the number of total record rooms where the training is to
be given. Is it 711+30 (record rooms + City survey offices) as given in
ANNEXURE B?
The total record rooms will be 741 whose officials need to be
trained.
158 Scope of WorkSec.5.10
Page 67
The successful bidder will provide training to 4-5 people in each
record room over a period of 1-
2 days to make them conversant with department's DSR
application and aspects mentioned above.
Please clarify the total
training audience. Will it exceed the figure mentioned in RFP? (i.e. 5 X
741 = 3705)
RFP Clause is self explanatory.
"The successful bidder will provide training to 4-5 people in each
record room over a period of 1-2 days to make them conversant
with department's DSR application and aspects mentioned above."
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
159 Scope of WorkSec.5.10
Page 67
The successful bidder will provide training to 4-5 people in each
record room over a period of 1-
2 days to make them conversant with department's DSR
application and aspects mentioned above.
Can training be delivered centrally at each district level instead in each
record room? This will help in optimizing cost for the program.RFP Clause remains unchanged.
160 Scope of WorkSec.5.10
Page 67
The successful bidder will provide training to 4-5 people in each
record room over a period of 1-
2 days to make them conversant with department's DSR
application and aspects mentioned above.
Can training happen as a parallel activity?Successful bidder should plan the training in such a manner so
that the overall timelines for a Phase is not breached.
161 Scope of WorkSec.5.10
Page 67
The successful bidder will provide training to 4-5 people in each
record room over a period of 1-2 days to make them conversant
with department's DSR application and aspects mentioned above.
Is training manual also required as part of the deliverables? If yes, in
which language?Please refer Sec.5.10 Page 67
162 Scope of WorkSec.5.10
Page 67
The successful bThe successful bidder will provide training to 4-5
people in each record room over a period of 1-
2 days to make them conversant with department's DSR
application and aspects mentioned above.
Bidder will provide training to 4-5 people in each record room
over a period of 1-
Bidder presumes that The Government of Maharashtra will provision
for food and snacks required for trainees. Please validate this
understanding.
Please refer Sec.5.10 Page 67
163 Scope of WorkSec.5.10
Page 67
The training would happen in the record room/taluka office
premises.
Would the required infrastructure for conducting the training, like
whiteboard, projectors, systems, table, chairs etc be provided by
customer?
All necessary resources for the training will be provided by the
successful bidder
164Service Level
Agreements
Sec. 7.2,
Page 78Capping of penalty
Requests that overall penalty under the contract for each district to be
capped at 10% of the value of the districtRFP Clause remains unchanged.
165Service Level
Agreements
Sec.7.2
Page 78 - 79
Penalty of Rs. 10,00,000 to a summary termination of contract and
forfeiture of PBG would be imposed on the successful bidder upon
default of this service condition. The exact penalty will be decided
by the department based upon severity of the default.
As there are other legal remifications available, this clause should be
deletedRFP Clause remains unchanged.
166Service Level
Agreements
Sec.7.2
Page 78 - 79
During the entire contract period, District Collector may levy
penalty on the vendor based on the below mentioned penalty
terms:
a. Penalty for delay in project execution
b. Penalty for delay in support during operational support phase
c. Penalty for breaching privacy and confidentiality of
department's data/application
d. Penalty for improper document handling
RFP Clause remains unchanged.
167Service Level
Agreements
Sec.7.2.
Page 79
Penalty of Rs. 10,00,000 to a summary termination of contract and
forfeiture of PBG would be imposed on the successful bidder upon
default of this service condition. The exact penalty will be decided
by the department based upon severity of the default.
As there are other legal remifications available, this clause should be
deleted. We can agree to indemnify for actual damage caused in case
such confidentiality or privacy breach is attributable to us. Request to
delete provision for pre-estimated damages.
RFP Clause remains unchanged.
168Service Level
Agreements
Sec.7.2.
Page 79
Successful bidder should always remember that 'DOCUMENT
SEARCH AND RETRIEVAL APPLICATION' is property of SC&DLR
(M.S.), PUNE and mischievous activity of any sort will lead to
heavy penalty, legal action under relevant acts and also
blacklisting
Bidder would like to understand what would constitute as mischievous
activity and when there are legal ramifications available, blacklisting
should not be resorted to.Suggest the following changes in the
clause:Successful bidder should always remember that 'DOCUMENT
SEARCH AND RETRIEVAL APPLICATION' is property of SC&DLR (M.S.),
PUNE and mischievous illegal activity of any sort will lead to heavy
penalty, legal action under relevant acts and also blacklisting
RFP Clause remains unchanged.
169Service Level
Agreements
Penalties defined under various heads are exclusive to each other/
In the event of breach of contract, the purchaser may terminate the
contract and impose liquidated damages.
Kindly make overall penalties/LD maximum 10% of contract value RFP Clause remains unchanged.
170 Tender Notice Page 9
Bank Guarantee of Nationalized Bank drawn in favour of
“Settlement Commissioner & Director of
Land Records, Maharashtra State, Pune”
As ICICI Bank is Nationalize Bank and if the bank guarantee is draw
from ICICI bank then will it be accepted by Department. Pls confirm.RFP Clause remains unchanged.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013171Terms and
Conditions
Sec. 8.1
Page 80We propsoe monthly invocing to the extent of completed records RFP Clause remains unchanged.
172Terms and
Conditions
Sec.8.1
Page 80
Bidder requests that all payments to the Bidder shall be made within 30
days from the date of invoice.RFP Clause remains unchanged.
173Terms and
Conditions
Sec.8.1.
Page 80Request you to make payment schedule to monthly or bi-monthly RFP Clause remains unchanged.
174Terms and
Conditions
Sec. 8.2
Page 81Liquidated Damages on Termination
Requests that no LD be applicable on termination due to contract
breach. Bidder has submitted the performance guarantee which is valid
till the contract period end towards performance as per contractual
obligation. LD to be applicable only on delay of delivery beyond the time
schedule.
RFP Clause remains unchanged.
175Terms and
Conditions
Sec. 8.2.
Page 82
In such an event, the successful bidder shall not be entitled to
receive any payments upon termination of the contract. In such
case, upon termination, SC&DLR (M.S.), Pune may also impose
liquidated damages. Notwithstanding anything to the contrary
contained in the Contract successful bidder’s collective liability
arising out relating to agreement shall be limited to the fees paid
to the successful bidder for which decision of the SC&DLR (M.S.),
Pune in this regard shall be final and binding on the successful
bidder. The successful bidder will be required to pay any such
liquidated damages to SC&DLR (M.S.), Pune within 30 days of
termination date.
Please amend the termination clause :-Either Party shall have the right
to terminate this Agreement at any time in the event that the other party
commits a material breach of the Agreement and fails to cure such
default to the non-defaulting party’s reasonable satisfaction within
thirty (30) days.In the event of termination Customer shall pay the
organization for goods delivered and services rendered till the date of
termination.
RFP Clause remains unchanged.
176Terms and
Conditions
Sec. 8.2.
Page 82
Notwithstanding anything to the contrary contained in the
Contract successful bidder’s collective liability arising out relating
to agreement shall be limited to the fees paid to the successful
bidder for which decision of the SC&DLR (M.S.), Pune in this
regard shall be final and binding on the successful bidder.
Request to substitute the Termination clause with the clause suggested
above and retain part of the Termination clause beginning from
"Notwithstanding anything to the contrary..." and add below para in the
Limitation of Liability clause:-Notwithstanding Anything To The
Contrary Elsewhere Contained In This Agreement, Neither Party Shall,
In Any Event, Regardless Of The Form Of Claim, Be Liable For (1) Any
Indirect, Special, Punitive, Exemplary, Speculative Or Consequential
Damages, Including, But Not Limited To, Any Loss Of Use, Loss Of Data,
Business Interruption, And Loss Of Income Or Profits,
RFP Clause remains unchanged.
Payment Milestones
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
177Terms and
Conditions
Sec.8.2.
Page 81
District Collector reserves the right to cancel the contract at any
time, after approval from SC&DLR (M.S.), Pune, if it is not satisfied
with the services of the successful bidder or there is breach of any
of the condition of the Contract by the successful bidder, provided
a period of 10 days has lapsed from the date of serving notice on
the successful bidder requiring it to remedy the breach and if the
breach has continued up to the date of the termination. In this
event, the work done till then by the successful bidder shall be
taken over by District Collector. SC&DLR (M.S.), Pune reserves the
right to appoint a new bidder and hand over to him the all the
documents to complete the assignment. In such an event, the
successful bidder shall not be entitled to receive any payments
upon termination of the contract. In such case, upon termination,
SC&DLR (M.S.), Pune may also impose liquidated damages.
Notwithstanding anything to the contrary contained in the
Contract successful bidder’s collective liability arising out relating
to agreement shall be limited to the fees paid to the successful
bidder for which decision of the SC&DLR (M.S.), Pune in this
regard shall be final and binding on the successful bidder. The
successful bidder will be required to pay any such liquidated
damages to SC&DLR (M.S.), Pune within 30 days of termination
date.
We request to modify the clause to include the following:
Bidder requests for a mutual termination right arising out of a material
breach that remains uncured after notifying the other Party of such
breach and granting a 30-day cure-period to rectify the breach. Further,
the Bidder requests to increase the notice period from 10 days to 30
days.
The Bidder requests for deletion of the line "In such an event, the
successful bidder shall not be entitled to receive any payments upon
termination of the contract. In such case, upon termination, SC&DLR
(M.S.), Pune may also impose liquidated damages."and replace it by: "In
the event of any termination, SC&DLR (M.S.), Pune shall be liable to pay
the Bidder for all products and services delivered until the date of
termination".
The Bidder requests to clarify that the term "satisfied with the services"
under the Agreement shall mean completion of the work as per the
specification and acceptance criterion.
RFP Clause remains unchanged.
178Terms and
Conditions
Sec.8.2.
Page 81
Notwithstanding anything to the contrary contained in the
Contract successful bidder’s collective liability arising out relating
to agreement shall be limited to the fees paid to the successful
bidder for which decision of the SC&DLR (M.S.), Pune in this
regard shall be final and binding on the successful bidder.
Please add below para in the Limitation of Liability clause:-
Notwithstanding Anything To The Contrary Elsewhere Contained In
This Agreement, Neither Party Shall, In Any Event, Regardless Of The
Form Of Claim, Be Liable For (1) Any Indirect, Special,
Punitive, Exemplary, Speculative Or onsequential Damages, Including,
But Not Limited To, Any Loss Of Use, Loss Of Data, Business
Interruption, And Loss Of Income Or Profits,
RFP Clause remains unchanged.
179Terms and
Conditions
Sec.8.2.
Page 82
In such an event, the successful bidder shall not be entitled to
receive any payments upon termination of the contract. In such
case, upon termination, SC&DLR (M.S.), Pune may also impose
liquidated damages. Notwithstanding anything to the contrary
contained in the Contract successful bidder’s collective liability
arising out relating to agreement shall be limited to the fees paid
to the successful bidder for which decision of the SC&DLR (M.S.),
Pune in this regard shall be final and binding on the successful
bidder. The successful bidder will be required to pay any such
liquidated damages to SC&DLR (M.S.), Pune within 30 days of
termination
date.
Please amend the termination clause :-
Either Party shall have the right to terminate this Agreement at any time
in the event that the other party commits a material breach of the
Agreement and fails to cure such default to the nondefaulting party’s
reasonable satisfaction within thirty (30) days.In the event of
termination Customer shall pay the organization for goods delivered
and services rendered till the date of termination.
RFP Clause remains unchanged.
180Terms and
Conditions
Sec. 8.3.
Page 82
The Bidder suggests to amend this clause to:
We request to amend this Section to include a reasonable cure period to
deliver or honor the contractual commitment to rectify the
delays/defects failing which the termination clause will be invoked.
Notwithstanding the above, bidder shall be liable only for the
incremental charges up to 10% of the value of the delayed services upon
SC&DLR (M.S.), Pune producing relevant documentary evidence.
181Terms and
Conditions
Sec. 8.3.
Page 82 Requests deletion of this clause
In case the successful bidder fails to execute the project as
stipulated in the delivery schedule; SC&DLR (M.S.), Pune reserves
the right to procure the similar services from alternate sources at
the risk, cost and responsibility of the successful bidder.
In case the successful bidder fails to execute the project as
stipulated in the delivery schedule; SC&DLR (M.S.), Pune reserves
the right to procure the similar services from alternate sources at
the cost of the successful bidder.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
182Terms and
Conditions
Sec.8.3.
Page 82
Bidder would like to submit below proposed changes:-In case the
successful bidder fails to execute the project as stipulated in the delivery
schedule; SC&DLR (M.S.), Pune reserves the right to procure the similar
services from alternate sources at the risk, cost and responsibility of the
successful bidder subject to a maximum of 10% of the value of the
undelivered portion of project.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
183Terms and
Conditions
Sec.8.4.
Page 82
The successful bidder shall indemnify, protect and save
SC&DLR(M.S.), Pune and respective District Collector against all
claims, losses, costs, damages, expenses, action suits and other
proceeding, resulting from infringement of any patent,
trademarks, copyrights etc. or such other statutory infringements
in respect of all components (like system software, software
tools,server etc.) and the services rendered under this tender.
Bidder submits that it will defend or settle any third-party claims
against SC&DLR(M.S.), Pune arising directly out of Bidder’s
contravention of any laws, rules, regulations applicable to the products
and services delivered under this Contract, provided SC&DLR(M.S.),
Pune:
1. Promptly notifies Bidder of the claim in writing;
2. Cooperates with the Bidder in the defense of the claim;
3. Grants control of the defense or settlement of the claim to the Bidder.
Bidder shall have no obligation for any claim of infringement arising
from:
1. Bidder’s compliance with SC&DLR(M.S.), Pune or third party designs,
specifications, instructions, or technical information;
2. modifications made by the SC&DLR(M.S.), Pune or a third party;
3. SC&DLR(M.S.), Pune’s non-compliance with the Specifications or the
Transaction Documents, or
4. SC&DLR(M.S.), Pune’s use with products, software, or services those
are not Bidder-Branded.
RFP Clause remains unchanged.
184Terms and
Conditions
Sec.8.5.
Page 82As per RFP
Request to add:Each Party owns, and will continue to own all right, title
and interest in and to any inventions however embodied, know how,
works in any media, software, information, trade secrets, materials,
property or proprietary interest that it owned prior to this Agreement,
or that it created or acquired independently of its obligations pursuant
to this Agreement (collectively, “Retained Rights”). All Retained Rights
not expressly transferred or licensed herein are reserved to the
respective owner.
Request is not accepted.
185Terms and
Conditions
Sec. 8.6
Page 83
While providing services as per Scope of Work, the successful
bidder shall ensure that there is no infringement of any patent or
design rights or violate any intellectual property or other right of
any person or entity and shall comply with all applicable Laws,
Statute, regulations and
Governmental requirements and he/she shall be solely and fully
responsible for consequence /any actions due to any such
infringement.
The Bidder clarifies that it will only be responsible for
consequences/actions for IPR infringement for third party claims. RFP Clause remains unchanged.
186Terms and
Conditions
Sec.8.6.
Page 82
While providing services as per Scope of Work, the successful
bidder shall ensure that there is no infringement of any patent or
design rights or violate any intellectual property or other right of
any person or entity and shall comply with all applicable Laws,
Statute, regulations and Governmental requirements and he/she
shall be solely and fully responsible for consequence / any actions
due to any such infringement.
While providing services as per Scope of Work, the successful bidder
shall ensure that there is no infringement of any patent or design rights
or violate any intellectual property or other right of any person or entity
and shall comply with all applicable Laws, Statute, regulations and
Governmental requirements and he/she shall be solely and fully
responsible for consequence / any actions due to any violations such
infringement.
RFP Clause remains unchanged.
MH LAND RECORDS STATE-WIDE SCANNING RFP: PRE-BID QUERIES CLARIFICATIONS
Tender Ref. No. NLRMP-2/PraKr11/Scanning/2013
187Terms and
Conditions
Sec.8.9.
Page 84
Any dispute arising out of or in connection with the Contract shall
in the first instance be dealt with mutual negotiations.
Any dispute or difference whatsoever arising between the parties
to the Contract out of or relating to the construction, meaning,
scope, operation or effect of this Agreement or the validity of the
breach thereof, which cannot be resolved through mutual
negotiations, shall be referred to Collector of the district where
subject of dispute arises. In case the dispute or difference is still
not resolved then it will be taken to SC&DLR (M.S.), Pune Level.
The final arbitrator will be Secretary IT, Government of
Maharashtra. The provisions of the Arbitration and Conciliation
Act, 1996 will be applicable and the award made there under shall
be final and binding upon the parties hereto, subject to legal
remedies available under the law. Such differences shall be
deemed to be a submission to arbitration under the Indian
Arbitration and Conciliation Act, 1996, or of any modifications,
Rules or re-enactments thereof. The Arbitration proceedings will
be held at Mumbai, Maharashtra, India.
The Bidder requests to amend this clause to include that:
We request for deletion of "The final arbitrator will be Secretary IT,
Government of Maharashtra". and replace it by
"The Bidder and SC&DLR (M.S.), Pune would mutually appoint
Arbitrators as per the Arbitration & Conciliation Act, 1996" for such
arbitration.
Further, each level of negotiations/arbitration shall be subject to a
definite period of days such as 30 or 60 days and if the dispute is not
resolved within such definite period then it shall be escalated to the next
level.
Nothing contained herein shall restrict either party from seeking any
interim injunctive or other equitable relief as may be necessary or
appropriate to prevent /irreparable loss or harm and mitigate damages
from a court of appropriate jurisdiction.
RFP Clause remains unchanged.
188Terms and
Conditions
Sec.8.9.
Page 84
Any dispute or difference whatsoever arising between the parties
to the Contract out of or relating to the construction, meaning,
scope, operation or effect of this Agreement or the validity of the
breach thereof, which cannot be resolved through mutual
negotiations, shall be referred to Collector of the district where
subject of dispute arises. In case the dispute or difference is still
not resolved then it will be taken to SC&DLR (M.S.), Pune Level.
The final arbitrator will be Secretary IT, Government of
Maharashtra. The provisions of the Arbitration and Conciliation
Act, 1996 will be applicable and the award made there under shall
be final and binding upon the parties hereto, subject to legal
remedies available under the law. Such differences shall be
deemed to be a submission to arbitration under the Indian
Arbitration and Conciliation Act, 1996, or of any modifications,
Rules or re-enactments thereof. The Arbitration proceedings will
be held at Mumbai, Maharashtra, India.
Any dispute or difference whatsoever arising between the parties to the
Contract out of or relating to the construction, meaning, scope,
operation or effect of this Agreement or the validity of the breach
thereof, which cannot be resolved through mutual negotiations, shall be
referred to Collector of the district where subject of dispute arises. In
case the dispute or difference is still not resolved then it will be taken to
SC&DLR (M.S.), Pune Level. The final arbitrator will be mutually
appointed. Secretary IT, Government of Maharashtra. The provisions of
the Arbitration and Conciliation Act, 1996 will be applicable and the
award made there under shall be final and binding upon the parties
hereto, subject to legal remedies available under the law. Such
differences shall be deemed to be a submission to arbitration under the
Indian Arbitration and Conciliation Act, 1996, or of any modifications,
Rules or re-enactments thereof. The Arbitration proceedings will be
held at Mumbai, Maharashtra, India.
RFP Clause remains unchanged.
189Terms and
Conditions
Sec.8.9.
Page 84
The final arbitrator will be Secretary IT, Government of
Maharashtra.
Please any dispute or difference shall be referred to the arbitration, of
single arbitrator mutually agreed between the parties.RFP Clause remains unchanged.
190Terms and
Conditions
In case of termination, the successful bidder shall not be entitled to
receive any payments.
SLR should give some relaxation in SLA at all such places where we have
problems of uninterrupted power supply due to load shedding.
Successful bidder will have to follow the timelines and SLA as
mentioned in the RFP irrespective of any operational issues.