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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

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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.