sr. page clarification by no section no. rfp condition ... · pdf fileclarification by gil/cct...

TENDER DOCUMENT FOR PROVIDING BUSINESS INTELLIGENCE TOOLS FOR ANALYTICS BASED TAX ADMINISTRATION AND COMPLIANCE MANAGEMENT, COMMISSIONER OF COMMERCIAL TAX (Government of Gujarat)

Tender No.:‐ SW05032016098

Sr. No.

Page No. Section No. RFP Condition Query Clarification by

GIL/CCT

1. 5 Section II/2 The bidder should have demonstrable expertise and experience in developing web based integrated IT solutions involving all the phases of SDLC (Software Development Life Cycle). The bidder must have completed at least 3 (Three) such Integrated IT projects involving all the phases of SDLC having minimum cost of Rs. 2 Crore each in last five years as on 30.03.2015.

Kindly modify this as "The bidder should have demonstrable expertise and experience in developing web based integrated IT solutions involving all the phases of SDLC (Software Development Life Cycle). The bidder must have completed at least 3 (Three) such Integrated IT projects involving all the phases of SDLC having minimum cost of Rs. 5 Crores each in last five years as on 30.03.2015.

No Change. As per RFP

2. 5 Section II/2 The bidder must have turnover of at least Rs. 30 Crore for each of the last three financial years or cumulative of Rs. 90 Crore as on 31st March, 2015 from Software/IT product Development and Support service activities.

Kindly modify this as "The bidder must have turnover of at least Rs. 30 Crore for each of the last three financial years or cumulative of Rs. 500 Crores as on 31st March, 2015


3. 12 Section 23.2 The bidder who is overall L1 will be invited for negotiations and awarding the contract.

The evaluation methodology should be Quality and Cost Based Selection (QCBS) instead of L1 as for a bid of this nature and importance final quality of deliverables are of prime importance, which is only possible with QCBS bid. Request to change the award criteria from L1 to QCBS (80 % technical: 20 Commercial).

As per Corrigendum

4. 48 Form II Each CV must be accompanied by the following undertaking from the staff member:

Kindly note that we will be providing only sample CV's for proposed resources. Resources with better or higher qualifications and experience will be provided during contract signing as majority of our resources are billable and cannot be put on hold till agreement is signed. Hence this

May be Acceptable. However, Resources with better or higher qualifications and experience shall be provided.


Tender No.:‐ SW05032016098 Sr. No.


GIL/CCT

statement seems to be irrelevant. Kindly remove this.

5. 48 Form II Certification I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself, my qualifications, and my experience. I understand that any willful misstatement described herein may lead to my disqualification or dismissal, if engaged.

Please note that the authorized signatory will be certifying the CV's and not the staff members.


6. General

General General Please provide the detailed technical evaluation criteria with marks.

As per Corrigendum

7. 23 SECTION III: GENERAL CONDITIONS OF CONTRACT 25 Site Preparation and Installation

The Hardware/software requirement report should be submitted within the first 30 days after signing of the Contract with CCT.

Kindly provide the count and details of the sites where the survey needs to be conducted.

The Solution is to be deployed at Data Center as may be specified by CCT.

8. 30 SCTION V: SCOPE OF WORK Indicative Sizing Parameters

No. of Active Dealers –VAT 4,69,312 dealers No. of Active Dealers ‐ CST 2,83,187 dealers

The count given is the total number of users and not concurrent users. What will be the concurrent user count for the dealers

As per Corrigendum

9. 30 SCTION V: SCOPE OF WORK Indicative Sizing Parameters

Hardware, Operating System and Database commendations based on the proposed solution (this would include Hardware sizing, OS and Web application server).

Can we propose virtualization for the servers and use open standard software for the solution.

The SI has to use the existing hardware and software in which current VATIS application is running.

10. 9 Section II Point 13.1

Bid security/ Earnest Money Deposit Rs. 30,00,000/‐ (Rupees Thirty Lakhs only) in the form of Demand Draft OR in the form of an unconditional Bank Guarantee (which should be valid for 9 months from the last date of bid submission) of any Nationalized Bank

TCS will be able to provide EMD only upto 180 days from the date of submission of bid. Please keep the EMD validity till Bid validity period, i.e. 180 days as per RFP.

No change. As per RFP




GIL/CCT

11. 19 Section 9- Change Request Orders

During the development phase, any change in scope of work, or in design and development of Decision Support systems (DSS) or of Management Information system (MIS) shall not be construed as change Request order and instead will become part of scope of work accompanying this bid document

We are submitting the Commercials based on the Scope provided in RFP. If the additional effort required for implementing the change in scope of work(change from RFP Scope) is more than 4 Person Days, then this will be considered as Change Requests


12. 21 Section 18 Limitation of Liability The liability of bidder should not exceed 10% of contract value


13. 25 Section III Point 33.1

Service providers shall be entirely responsible for all taxes, duties, license fees, octroi, road permits, etc., incurred until delivery of the contracted software /service to CCT. However, VAT/Service Tax in respect of the transaction between CCT and the service provider shall be payable extra, if so stipulated in the Notification of Award.

It is recommended that Bid prices shall be tax exclusive only and taxes shall be payable @ rates prevailing on the date of invoicing.

Only VAT/Service Tax (as applicable) in respect of the transaction between CCT and the service provider shall be payable extra.

14. 23, 24 Section 26, 27 Timelines and Payment Schedule Payment Milestones and Timelines should be in sync. Payment Schedule at Page 24, viz 30% payment against UAT, 40% against EQDC Testing, 25% after Go Live doesn't in essence match with the timelines given above in Page 23. The Time Schedule doesn't have any details on UAT, Testing and Go Live. Request to make these two in sync and kindly follow the payment breakups given in below queries...

As per Corrigendum

15. 24 Section 27 Payment Schedule It is recommended to change the payment terms as mentioned below, because RFP terms given in clause 10.3 are not favorable to TCS.

As per Corrigendum




GIL/CCT

- 100% payment for Hardware and Software on delivery and Installation. - 100% payment for Implementation Services till Go-live - 100% payment of training cost upon completion of training - 100% payment for Data Migration upon completion of migration - 100% payment for Site preparation upon completion of sites - Payment for Infra O&M as equated quarterly installment in Advance - Payment for Services O&M as equated monthly installment in Arrears.

16. 24 Section 27 Payment Schedule Request to keep Implementation Period Payment should be as below: 10% on SRS Submission, 10% on SRS Acceptance, 10% on Design Document Submission, 10% on Design Document Approval, 50% on Testing-Pilot-UAT, 10% on Go Live

As per Corrigendum

17. 24 Section 27 Payment Schedule Payment Term for CapEx expenditure should be as below: 80% of CapEX payment on Delivery, rest 20% on Installation, Testing & Acceptance

As per Corrigendum

18. 24 Section 27 Payment Schedule - 30% payment upon successful completion of 25% Customization/Development and UAT

We will go for UAT only after 100% customization/development. Please confirm.

As per Corrigendum

19. 24 Section 27 Payment Schedule How do we quantify 25% completion? Is it upon completion of 25% of the requirements? Please clarify

As per Corrigendum

20. 24 Section 28, Section 27

Unconditional Bid, Payment Schedule Since this is an unconditional bid, request to kindly either put a cap on testing approval timeline by TPA /

As per Corrigendum




GIL/CCT

CERT-IN agency / EQDC or delink the payment % from testing. Otherwise for any delay beyond a limit becomes a burden on SI/Bidder vis-à-vis capital workflow and increases risk on capital significantly.

21. 24 Section 28 Unconditional Bid Kindly allow Assumptions & Legal Terms, without which no SI/Bidder will be able to truthfully go ahead with response creation and submission, as invariably assumptions will creep in during solution evangelization and blueprinting and Legal Terms should always be a mutual understanding which needs to be stated, otherwise it becomes a one way imposition.


22. 24 Section 27 Payment Schedule please include Credit Period It is recommended to pay the invoices raised by bidder within 30 days of receipt of invoices, failing which interest @ 2% per month shall be charged and to withhold the services/deliverables in the event of delay in payment by the department.

As per Corrigendum

23. 27 Section 1.1.1 Implementation related penalty of service levels

If the bidder is not adhering to the individual milestones as defined in the delivery schedule, the cumulative penalty will be levied for the delayed weeks, at the sole discretion of CCT.

Cumulative penalty should not exceed 5% of Total contract Value

As per Corrigendum


If delay exceeds maximum delay weeks at the particular milestone, CCT may have rights to terminate the contract. In that case the

Please mention the maximum delay weeks

As per Corrigendum




GIL/CCT

Performance Bank Guarantee of the bidder will be forfeited

25. 17 7 Performance Security

(The draft of Performance Bank Guarantee is attached herewith).

Kindly permit us to submit PBG in our format.


26. General

General Indemnity Please add proper Indemnification clause which is not one sided


27. General

General Limitation of Liability Please cap Liquidated damages No Change. As per RFP

28. NA General Transfer of Assets, Transfer of ownership

There is no clause for transfer of ownership for H/W & S/W to customer. Please add proper clause for Transfer of Assets. The ownership of all assets should be transferred to customer upon delivery It is required that ownership of H/W, S/W and equipments shall be transferred to customer upon delivery.

There is no need of separate clause of transfer of ownership as all the H/W and S/W has to be in the name of CCT and deployed at CCT’s premises.

29. General

General Exit management Clause Please include exit management clause It is required to include this clause. Terms for Exit phase needs to be explicitly called out and mentioned clearly in the RFP. This is to clearly identify the responsibilities of both parties like asset transfer to the department etc. This is help smooth hand over to the department so that they can continue without any hurdles.

The SI has to sign the Exit Management plan for 6 months covering the following; Transfer of Assets

Data Information, Security & Data Transformation

Handholding and Knowledge Transfer




GIL/CCT

Continuity of Operations

Rights to Access to Information

30. 1, 4 Covering Page Section 1

Covering page : Bid Security/EMD: Rs. 30,00,000/‐ (Refundable) Page #4: Rs. 10 lacs towards Bid Security amount in sealed cover

Discrepancy: Bid security is 10 lakhs or 30 lakhs? Please confirm the EMD Amount

EMD is 30,00,000/-

31. NA General Covering letter Please provide format for the covering letter

No specific format of cover letter is required.

32. 9 11 Bid Prices This shall also include the cost of integration with the existing application i.e. VATIS of CCT.

What is the technology stack of this VATIS application

As per Corrigendum

33. 9 11 Bid Prices This shall also include the cost of integration with the existing application i.e. VATIS of CCT.

Who is the SI for this VATIS application?

Query is irrelevant

34. 9 11 Bid Prices Integration Which method of integration is preferred?

Through API’s

35. 9 11 Bid Prices Integration Will the existing SI help in providing necessary apis /web services to do the required integration?

Yes.

36. 18 8.2 Application Security Audit:

An average uptime efficiency of 99% for the duration of test period shall be considered as satisfactory.

We can only ensure BI tool's availability. Please confirm average uptime efficiency is only required for scope of the tender and not for other existing applications

Yes.

37. 19 9 Change Request Orders

During the development phase, any change in scope of work, or in design and development of Decision Support systems (DSS) or of Management Information system (MIS) shall not be construed as change Request order and instead will become part of scope of work accompanying this bid document.

But this is open ended from SI's perspective. Any task beyond 4 hrs of effort needs to be considered as change request. Up to 25 such tasks[having efforts less than 4 hrs.] can be taken up. This capping is required since the implementation timeline is restricted to 3 months and





GIL/CCT

we need to follow the timelines strictly to get the desired results/outcome. Please acknowledge.


CCT may, at any time, by written order given to the TSP make changes within the general scope of the Contract in any one or more of the following:

Once the SRS is finalized and frozen this is not possible. Further changes should be routed through proper change request channel. Adherence to this is required to keep the focus on delivering the defined requirements. Else this will jeopardize the overall planning & we will not be able to roll out the solution within stipulated timelines. Please acknowledge.


39. 19 11 Deployment of Software

Service provider needs to provide all the necessary things like CD media, etc. at every deployment site for assuring minimum down time of the system.

Why these consumables are required. What else other than CD Is required? Which are the deployment sites referred here?

Consumable are required for temporary backup

Preferably CD or any other storage device.

The deployment site is in Gandhinagar/ Ahmedabad as may be decided by CCT.

40. 19 11 Deployment of Software

Service provider needs to provide all the necessary things like CD media, etc. at every deployment site for assuring minimum down time of the system.

How many units of these consumables are required?

Units may not be possible to define but you may use reusable storage devices.

41. 20 15 Delays in the supplier / service

Any such extension of time limit, even if it is due to unforeseen circumstances

We strongly recommend that any reasons beyond those attributable to the SI, should not be charged on them





GIL/CCT

provider’s Performance

beyond control of both the SP and CCT, shall be at no extra cost to CCT.

as such situations bear no ground for charges against SI. Please amend this clause as follows: Any such extension of time limit, for reasons attributable to the SI, shall be at no extra cost to CCT.

42. 27 1.1.2 Operational Related Penalty

For Software Uptime Product Availability

We can only assure BI products availability. Please confirm average uptime efficiency is only required for scope of the tender and not for other existing applications

It is applicable only to solution provided under this RFP.

43. 32 Indicative High‐level system architecture

Scope of Integration Please confirm that the scope of integration is confined to TINXYS, VATIS, GSTN applications alone.

No. it includes any other applications of State and Central Government agencies.

44. 32 Indicative High‐

level system architecture

Scope of Integration Since GSTN is still under construction, integration with GSTN should not be counted into SLA /penalty calculation; project timelines, completion status, payments etc should not be related to this integration.

As per Corrigendum

45. 30 Indicative Sizing Parameters

User level concurrency of 1000 Is this overall internal + external user concurrency? If so please give breakup of internal & external user concurrency.

As per Corrigendum

46. 51 Part 5: Training Training We understand that training is in scope. However details are not mentioned in the RFP Please consider and provide details/confirmation for: - We suggest that training should be conducted at central (departmental)

No. of users to be trained is mentioned in RFP- Page no. 51 Part 5: Training.

The location of training may be




GIL/CCT

location only. - The approximate no. of users that would have to be trained for application - What would be the approximate duration of training - How many batches will have to schedule for training - How many users will have to be trained in each batch - We assume that Department will provide the infrastructure for training viz. Conference room, Computers, Seating, Furniture, bandwidth Network, consumables like pens, white boards, projectors, chalk, duster, paper pins etc. for Training. And ideally these should be outside SI scope. - What are the topics to be covered? Assume it is only the usage of the BI tool. - Should training material be prepared? If yes We suggest digital training material to be prepared and distributed. Please consider and confirm. - We suggest Training material should be in English language only. Please consider and confirm. - Is feedback to be collected? Paper / online feedback? - What should be daily duration of the training? - We suggest Training delivery should be in English language only. Please consider and confirm.

decided mutually. Preferably may be done at central location or may be divided in four-five groups at different locations.

Duration to be decided by the bidder considering the satisfaction level of officials.

Size of the batch may be decided mutually. Preferably it will be 20-30 officials per batch

Department will provide the infrastructure for training viz. Conference room, Computers, Seating, Furniture, bandwidth Network, consumables like pens, white boards, projectors, chalk, duster, paper pins etc. for Training. The reference/training




GIL/CCT

material will be provided by the bidder.

Topics to be covered is depend on the proposed solution.

It is up to bidders to decide whether they have to give digital training material or physical copy.

Training material should be in Gujarati.

47. 51 Part 5: Training Training We suggest Train the trainer should be allowed and to follow this approach as it has the benefits of creating sufficient competency within department itself and this will enable long term asset for department towards self-sufficiency.

The training should be the responsibility of bidder.

48. NA General Handholding Support Please provide information: - How many locations are expected for providing support by bidder? - For how long duration is this support required?

After full-fledged training, the handholding Support will be provided remotely. In case, the issue not resolved, the bidder will have to arrange the support at particular site.


Training of personnel of the CCT in terms of hours/subjects will be without any additional cost.

This is an open ended statement. This will affect the cost estimation. Number of people is taken as (50+1000) as per RFP.





GIL/CCT

The topics to be covered as not mentioned in the RFP. This detail is required for us to estimate correctly. Any effort required beyond this is to be considered as Change request. Please acknowledge.

50. NA General Governance Structure Please provide the governance structure for this project from the department side. Who will be monitoring the project? Who will be our point of contacts from the department side?

This will be decided during the requirement gathering stage.

51. NA General Test cases for user acceptance We request the department to provide standard test cases in format which we will be providing and sample data to do system testing. It is as per global delivery standard and all organizations across the world follow this process of providing with test cases and results, as ultimately it is the department/end user for whom the system is developed in first place.

This will be decided during the requirement gathering stage.

52. NA General Users We assume that the internal users will access the application over intranet & external users over internet please confirm.

As per Corrigendum

53. 10 Section II Point 14.2

In exceptional circumstances, GIL may solicit the Bidder’s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. The Bid security period provided under ITB Clause 13 shall also be suitably extended. A Bidder may refuse the request without forfeiting its bid security. A Bidder

Incase of extension , it is recommended that rates are consented on mutual agreement basis





GIL/CCT

granting the request will not be permitted to modify its bid.


In the event of any contract amendment, the bidder shall, within 21 days of receipt of such amendment, furnish the amendment to the Performance Security, rendering the same valid for the duration of the Contract, as amended for further period.

It is recommended that it agreed on a mutual basis at the time of contract amendment



Service provider must deploy the solution at the places specified by CCT at the time of the contract and ensure smooth running of that solution. Service provider needs to provide all the necessary things like CD media, etc. at every deployment site for assuring minimum down time of the system.

Kindly confirm if all these location will be in the state of Gujarat

In the Gujarat State

56. 20 Section III Point 16 Termination for Default It is recommended that the period of notification be included which should not less than 90 days.

One month advance notice of default will be given

57. 21 Section III Point 18 In no event shall either party be liable for any indirect, incidental, consequential special or punitive loss or damage including but not limited to loss of profits or revenue, loss of data, even if the party shall have been advised of the possibility thereof. In any case, the aggregate liability of the bidder, whatsoever and howsoever arising, whether under the contract, tort or other legal theory, shall not exceed the total charges received as per the Contract, as of the date such liability arose, from the Purchaser, with respect to the goods or services supplied under

It is recommended that there is a Cap on liability to a maximum of 10% of Contact value

As per Corrigendum




GIL/CCT

this Agreement, which gives rise to the liability In no event shall either party be liable for any indirect, incidental, consequential,

58. 22 Section III Point 20 Termination for Convenience This clause will not be acceptable. Please delete this clause


59. 27 Section IV Point 1.1.1

If the bidder is not adhering to the individual milestones as defined in the delivery schedule, the cumulative penalty will be levied for the delayed weeks, at the sole discretion of CCT. If delay exceeds maximum delay weeks at the particular milestone, CCT may have rights to terminate the contract. In that case the Performance Bank Guarantee of the bidder will be forfeited

What are the maximum delay week for each milestone referred there? Please clarify

As per Corrigendum

60. 44 SECTION V SECTION V: PERFORMANCE SECURITY FORM

1) Format of Performance bond is nowhere given in RFP. Please provide format for performance bond. 2) It is recommended to add below paragraph in the format of Performance Bank Guarantee. "This Bank Guarantee issued by ____________________Bank, on behalf of Tata Consultancy Services Limited / Vendor /Bidder /Service Provider / System Integrator in favor of _____________________________/Customer/Client is in respect of a new Contract / extension of Contract dated________________. As communicated by Tata Consultancy Services Limited /





GIL/CCT

Vendor /Bidder /Service Provider / System Integrator, on the date of execution of this Bank Guarantee an amount of Rupees ______________ (Rupees ______________________________ only) is outstanding and payable to Tata Consultancy Services Limited / Vendor /Bidder /Service Provider / System Integrator by _____________________________/Customer/Client , in respect of pervious contracts between Tata Consultancy Services Limited / Vendor /Bidder /Service Provider / System Integrator and _____________________________/Customer/Client As communicated by Tata Consultancy Services Limited / Vendor /Bidder /Service Provider / System Integrator on the date of execution of this Bank Guarantee , there are no outstanding disputes related to any pervious contracts / between Tata Consultancy Services Limited / Vendor /Bidder /Service Provider / System Integrator and _____________________________/Customer/Client."

61. 8. Inspection/Testing (PAGE 17)

8.1 Application : 8.1.1 CCT or its representative shall have the right to inspect and/or to test the software or work of the TSP to confirm their conformity to the Contract

8.1 Application : 8.1.1 CCT or its representative shall have the right to inspect and/or to test the software or work of the TSP to confirm their conformity to the

As per Corrigendum




GIL/CCT

specifications at no extra cost to the CCT. 8.1.2 As per Govt. Of Gujarat circular dated 10th March 2006, the CCT applications must be tested at EQDC, GIDC, Gandhinagar or at the location specified by CCT at the cost of TSP. The TSP must include testing cost in their financial bid. The different types of tests that has to be performed through EQDC/other competent agency are as mentioned below: Functional testing Volume testing Stress/Load testing Usability testing Performance testing Security testing Facility testing Configuration testing Recovery testing Documentation testing Procedure testing Install ability testing Storage testing Serviceability testing

Contract specifications at no extra cost to the TSPCCT. 8.1.2 As per Govt. Of Gujarat circular dated 10th March 2006, the CCT applications must be tested at EQDC, GIDC, Gandhinagar or at the location specified by CCT at the cost of TSP. The TSP must include testing cost in their financial bid. The different types of tests that has to be performed through EQDC/other competent agency are as mentioned below: Functional testing Volume testing Stress/Load testing Usability testing Performance testing Security testing Facility testing Configuration testing Recovery testing Documentation testing Procedure testing Install ability testing Storage testing Serviceability testing

62. 8.2 Application Security Audit: (PAGE 18)

8.2.1 In addition to inspection & testing, the TSP shall also be responsible to get application security audited by CERT‐In Empanelled application security Auditors at the cost of the TSP and submit the Security Audit Clearance Certificate issued by CERT‐In Empanelled Security Auditors. 8.2.1.1 The TSP must submit the test results to CCT. 8.2.1.2 Should any inspected or tested software fail to conform to the specifications, the CCT may reject the software and the TSP shall either replace/redevelop the rejected software or make

8.2.1 In addition to inspection & testing, the TSP shall also be responsible to get application security audited by CERT‐In Empanelled application security Auditors at the cost of the CCTTSP and submit the Security Audit Clearance Certificate issued by CERT‐In Empanelled Security Auditors. 8.2.1.1 The TSP must submit the test results to CCT for acceptance to CCT as and when the same is ready for delivery. 8.2.1.2 CCT will prepare the Acceptance Test data along with the expected test results (consistent with





GIL/CCT

alterations necessary to meet specification requirements free of cost to CCT. 8.2.1.3 CCT’s right to inspect, test and, where necessary, reject the software / deliverable after the software deployment at Project Site shall in no way be limited or waived by reason of the software previously been inspected, tested and passed by CCT for its representative prior to the software deployment. 8.2.1.4 No clause in the RFP document releases the TSP from any warranty or other obligations under this Contract. 8.2.1.5 The inspection of the working of the developed software shall be carried out to check whether the software is in conformity with the requirements described in the contract. The tests will be performed after completion of installation and commissioning of all the software at the site of installation. During the test run of software, no malfunction, partial or complete failure of any module of software or bugs in the software is expected to occur. All the software should be complete and no missing modules/sections will be allowed. The TSP shall maintain necessary logs in respect of the result of the test to establish to the entire satisfaction of CCT, the successful completion of the test specified. An average uptime efficiency of 99% for the duration of test

the detailed specifications of the system and any change-request agreed in the documents) and keep it ready at least four (4) weeks in advance before the scheduled commencement of the Acceptance Testing of the software. The acceptance testing will be based on the test cases provided by CCT. TSP will provide support for any clarifications during the Acceptance Testing of the system. Defects if any, observed by CCT, will be notified to TSP in writing not later than two (2) weeks of delivery. TSP will correct the defects that are a deviation from the baseline immediately following the acceptance, whichever is later. CCT will confirm acceptance in writing to TSP. The CCT shall not withhold or delay the issuance of acceptance certificate of any of the deliverables, if the deliverables substantially meet the specifications or on account of any minor defects which have no material effect on the functionality of the deliverables. Should any inspected or tested software fail to conform to the specifications, the CCT may reject the software and the TSP shall either replace/redevelop the rejected software or make alterations necessary to meet specification requirements free of cost to CCT as agreed between the parties and provided such defects are for reasons solely and entirely




GIL/CCT

period shall be considered as satisfactory. On successful completion of acceptability test and after CCT is satisfied with the working of the software on the, the acceptance certificate of CCT will be issued. The date on which such certificate is signed shall be deemed to be the date of successful commissioning of the software. 8.2.1.6 Before the Application modules are taken over by CCT, the TSP shall supply operation manuals. These shall be in such details as will enable CCT to use the software as stated in the specifications. The documentation shall be in the English/Gujarati language and in such form and numbers as stated in the contract document. Unless and otherwise agreed, the software shall not be considered to be complete for the purpose of taking over until such documentation has supplied to CCT.

attributable to TSP, in all other cases it shall be to the account of CCT. 8.2.1.3 CCT’s right to inspect, test and, where necessary, reject the software / deliverable after the software deployment at Project Site shall in no way be limited or waived by reason of the software previously been inspected, tested and passed by CCT for its representative prior to the software deployment. 8.2.1.34 No clause in the RFP document releases the TSP from any warranty or other obligations under this Contract. 8.2.1.45 The inspection of the working of the developed software shall be carried out to check whether the software is in conformity with the requirements described in the contract. The tests will be performed after completion of installation and commissioning of all the software at the site of installation and as per the agreed terms between the parties. 8.2.1.5 During the test run of software, no malfunction, partial or complete failure of any module of software or bugs in the software is expected to occur; provided such defects are for reasons solely and entirely attributable to TSP, in all other cases it shall be to the account of CCT. All the software should be




GIL/CCT

complete and no missing modules/sections will be allowed. The TSP shall maintain necessary logs in respect of the result of the test to establish to the entire satisfaction of CCT, the successful completion of the test specified. An average uptime efficiency of 99% for the duration of test period shall be considered as satisfactory. On successful completion of acceptability test and after CCT is satisfied with the working of the software on the, the acceptance certificate of CCT will be issued. The date on which such certificate is signed shall be deemed to be the date of successful commissioning of the software. 8.2.1.6 Before the Application modules are taken over by CCT, the TSP shall supply operation manuals. These shall be in such details as will enable CCT to use the software as stated in the specifications. The documentation shall be in the English/Gujarati language and in such form and numbers as stated in the contract document. Unless and otherwise agreed, the software shall not be considered to be complete for the purpose of taking over until such documentation has supplied to CCT. 8.2.1.7 Notwithstanding the foregoing sentence, software/deliverable shall be treated as accepted by CCT if the




GIL/CCT

CCT (a) fails to provide the list of non conformities within two (2) weeks of delivery, (b) fails to notify the acceptance of the deliverables in terms of this clause within the period of two (2) weeks from delivery, or (c) starts using the deliverable in a live production environment (other than as part of agreed review and acceptance testing procedure, such as UAT). 8.2.1.8 Reworking of defects shall be at the cost of TSP provided the defects are for reasons solely and entirely attributable to the TSP, in all other cases it shall be to the account of the CCT. Items reported as defects that are not deviations from the immediate previous accepted baseline will be reported again through fresh Change Request documents under the Change Management Procedure described herein. Items reported through the Change Management Procedure will be dealt with separately.

63. 9 Change Request Orders

9.1 During the development phase, any change in scope of work, or in design and development of Decision Support systems (DSS) or of Management Information system (MIS) shall not be construed as change Request order and instead will become part of scope of work accompanying this bid document. 9.2 CCT may, at any time, by written order given to the TSP make changes

9.1 A change identified at any stage of the assignment which requires the deliverable to deviate from the then current baseline or the approved deliverable of the previous baseline to be modified, will be conveyed by the CCT to Bidder or vice-versa in the form of a Change Request documentDuring the development phase, any change in scope of work,





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within the general scope of the Contract in any one or more of the following: 9.2.1 Designs, specifications, requirements of which software or service to be provided under the Contract are to be specifically developed / rendered for CCT; 9.2.2 The place of delivery; and/or the Services to be provided by the TSP. 9.3 Training of personal additional cost. 9.4 If any such change causes an increase or decrease in the cost of, or the time required for, the TSP’s performance of any provisions under the Contract, equitable adjustments shall be made in the Contract value or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the TSP for adjustment under this clause must be asserted within thirty (30) days from the date of the TSP’s receipt of the CCT’s change order.

or in design and development of Decision Support systems (DSS) or of Management Information system (MIS) shall not be construed as change Request order and instead will become part of scope of work accompanying this bid document. 9.2 CCT may, at any time, by written order given to the TSP make changes within the general scope of the Contract in any one or more of the following: 9.2.1 Designs, specifications, requirements of which software or service to be provided under the Contract are to be specifically developed / rendered for CCT; 9.2.2 The place of delivery; and/or the Services to be provided by the TSP. 9.3 Training of personal additional cost. 9.4 The request for change will then be assessed by Bidder to evaluate its impact on feasibility, time schedules, technical requirements in consequence of the proposed change and cost. Bidder will present this assessment to the CCT for its approval within a reasonable time period. Bidder will incorporate the change after receiving the CCT’s written approval. In case of delay in approval by the CCT, the baseline itself may undergo a change; this will mean a reassessment of the charges.




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9.5 If any such change causes an increase or decrease in the cost of, or the time required for, the TSP’s performance of any provisions under the Contract, equitable adjustments shall be made in the Contract value or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the TSP for adjustment under this clause must be asserted within thirty (30) days from the date of the TSP’s receipt of the CCT’s change order. 9.6 Changes in the requirements like office space, hardware/software, and tools etc. during the execution of the assignment will be conveyed by Bidder to the CCT. These will be evaluated jointly by the CCT and Bidder and will be provided by the CCT at no cost to Bidder.

64. 14 Assignment (page 20)

14.1 The service provider shall not assign, in whole or in part, its obligations to perform under the Contract, except with CCT’s prior written consent.

14.1 The service provider shall not assign, in whole or in part, its obligations to perform under the Contract, except with CCT’s prior written consent, which shall be withheld, delayed or denied.

No Change. As per RFP.

65. 15 Delays in the supplier / service provider’s Performance (page 20)

15.1 Delivery of the software and performance of the Services shall be made by the service provider in accordance with the time schedule specified by CCT in the contract document. 15.2 If any time during performance of the Contract, the service provider should encounter conditions impeding

15.1 Delivery of the software and performance of the Services shall be made by the service provider in accordance with the time schedule specified by CCT in the contract document. 15.2 If any time during performance of the Contract, the service provider should encounter conditions





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timely delivery of the Goods and performance of Services, the service provider shall promptly notify CCT in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the service provider’s notice, CCT shall evaluate the situation and may, at its discretion, extend the service provider’s time for performance with or without a penalty, in which case the extension shall be ratified by the parties by amendment of the Contract. Any such extension of time limit, even if it is due to unforeseen circumstances beyond control of both the SP and CCT, shall be at no extra cost to CCT. 15.3 Except as provided under GCC Clause 20, a delay by the service provider in the performance of its delivery obligations shall render the service provider liable to the imposition of a penalty pursuant to GCC Clause 18, unless an extension of time is agreed upon pursuant to GCC Clause 21(b) without the application of the penalty.

impeding timely delivery of the Goods and performance of Services, the service provider shall promptly notify CCT in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the service provider’s notice, CCT shall evaluate the situation and may, at its discretionwith mutual agreement shall, extend the service provider’s time for performance with or without a penalty, in which case the extension shall be ratified by the parties by amendment of the Contract. Any such extension of time limit, even if it is due to unforeseen circumstances beyond control of both the SP and CCT, shall be at no extra cost to service providerCCT. 15.3 Except as provided under GCC Clause 20, a delay by the service provider in the performance of its delivery obligations shall render the service provider liable to the imposition of a penalty pursuant to GCC Clause 18, unless an extension of time is agreed upon pursuant to GCC Clause 21(b) without the application of the penalty.

66. 16 Termination for Default (page 20/21)

16.1 CCT may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the service provider, terminate the Contract in whole or part: 16.1.1 if the service provider fails to deliver any or all of the services within the period(s) specified in the Contract,

16.1 CCT may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the service provider, terminate the Contract in whole or part: 16.1.1 if the service provider fails to deliver any or all of the services within the period(s) specified in the





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or within any extension thereof granted by CCT; or 16.1.2 if the service provider fails to perform any other obligation(s) under the Contract. 16.1.3 If the service provider, in the judgment of CCT has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. For the purpose of this Clause: “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution. “Fraudulent practice: a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Borrower, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non‐competitive levels and to deprive the Borrower of the benefits of free and open competition;” If the Service Provider fails to conform to the quality requirement laid down/third party inspection/consultants opinion.

Contract, or within any extension thereof granted by CCT; or 16.1.2 if the service provider fails to perform any other obligation(s) under the Contract. 16.1.3 If the service provider, in the judgment of CCT has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. 16.1.3 TSP may terminate this Contract for cause if CCT materially breaches this Contract, provided TSP gives CCT notice of such breach and it remains uncured after 30 days following notice. If any amount due and payable by CCT under the Agreement is more than 30 days overdue; and there is no dispute between CCT and TSP in relation to that amount, TSP may issue to CCT a notice that payment is overdue. If CCT fails to pay TSP within 7 days after the date of such notice, TSP may by a further notice to CCT terminate the Agreement or at its election withdraw services or stop performance of its obligations until payment is made. For the purpose of this Clause: “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution.




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“Fraudulent practice: a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Borrower, and includes collusive practice among Bidders (prior to or after bid submission) designed to establish bid prices at artificial non‐competitive levels and to deprive the Borrower of the benefits of free and open competition;” If the Service Provider fails to conform to the quality requirement laid down/third party inspection/consultants opinion.

67. 18 Limitation of Liability (page 21)

In no event shall either party be liable for any indirect, incidental, consequential, special or punitive loss or damage including but not limited to loss of profits or revenue, loss of data, even if the party shall have been advised of the possibility thereof. In any case, the aggregate liability of the bidder, whatsoever and howsoever arising, whether under the contract, tort or other legal theory, shall not exceed the total charges received as per the Contract, as of the date such liability arose, from the Purchaser, with respect to the goods or services supplied under this Agreement, which gives rise to the liability.

Bidder shall be excused and not be liable or responsible for any delay or failure to perform the services or failure of the services or a deliverable under this Agreement, to the extent that such delay or failure has arisen as a result of any delay or failure by the CCT or its employees or agents or third party service providers to perform any of its duties and obligations as set out in this Agreement. In the event that Bidder is delayed or prevented from performing its obligations due to such failure or delay on the part of or on behalf of the CCT, then Bidder shall be allowed an additional period of time to perform its obligations and unless otherwise agreed the additional period shall be equal to the amount of time for which Bidder is delayed or prevented from performing its obligations due to such





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failure or delay on the part of or on behalf of the CCT. Such failures or delays shall be brought to the notice of the CCT and subject to mutual agreement with the CCT, then Bidder shall take such actions as may be necessary to correct or remedy the failures or delays. Bidder shall be entitled to invoice the CCT for additional costs incurred in connection with correction or remedy as above at time & material rate card as agreed upon between the parties. In no event shall either party be liable for any and all indirect, incidental, consequential, exemplary or punitive damages, special or punitive loss or damage including but not limited to loss of profits or revenue, loss of data, even if the party shall have been advised of the possibility thereof. In any case, the aggregate liability of the bidder, whatsoever and howsoever arising, whether under the contract, tort or other legal theory, shall not exceed the total charges received as per the Contract in the preceding twelve months under that applicable work that gives rise to such liability, as of the date such liability arose, from the Purchaser, with respect to the goods or services supplied under this Agreement, which gives rise to the liability.

68. 20 Termination for Convenience (page 22)

20.1 CCT by written notice sent to the service provider, may terminate the Contract, in whole or in part, at any time

20.1 CCT by 90 days written notice sent to the service provider, may terminate the Contract, in whole or in





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for its convenience. The notice of termination shall specify that termination is for CCT’s convenience, the extent to which performance of the service provider under the Contract is terminated, and the date upon which such termination becomes effective. 20.2 The services / software that is complete and ready for rendering / deployment within 30 days after the service provider’s receipt of notice of termination shall be accepted by CCT at the Contract terms and prices. For the remaining services, CCT may elect: 20.2.1 To have any portion completed and delivered at the Contract terms and prices; and/or 20.2.2 To cancel the remainder and pay to the service provider an agreed amount for partially completed services / software and for services / software previously procured by the service provider.

part, at any time for its convenience. The notice of termination shall specify that termination is for CCT’s convenience, the extent to which performance of the service provider under the Contract is terminated, and the date upon which such termination becomes effective. 20.2 The services / software that is complete and ready for rendering / deployment within 30 days after the service provider’s receipt of notice of termination shall be accepted by CCT at the Contract terms and prices. For the remaining services, CCT may elect: 20.2.1 To have any portion completed and delivered at the Contract terms and prices; and/or 20.2.2 To cancel the remainder and pay to the service provider an agreed amount for partially completed services / software and for services / software previously procured by the service provider. 20.2.3 TSP shall also have similar right to Termination for Convenience as mentioned above.

69. 21 Right to use defective software/equipment (page 22)

21.1 If after delivery, acceptance and installation and within the guarantee and warranty period, the operation or use of the software/equipment proves to be unsatisfactory, the Purchaser shall have the right to continue to operate or use such software/equipment until rectification of defects, errors or

21.1 If after delivery, acceptance and installation and within the guarantee and warranty period, the operation or use of the software/equipment is defectiveproves to be unsatisfactory, provided the defects are for reasons solely and entirely attributable to the Bidder, at the sole discretion of the





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omissions by debugging / repair or by partial or complete replacement is made without interfering with CCT’s operation.

Bidder, the Purchaser shall have the right to continue to operate or use such software/equipment until rectification of defects, errors or omissions by debugging / repair or by partial or complete replacement is made without interfering with CCT’s operation.

70. 24 Patent Rights In the event of any claim asserted by a third party of infringement of copyright, patent, trademark or industrial design rights arising from the use of the Goods or any part thereof in CCT, the service provider shall act expeditiously to extinguish such claim. If the service provider fails to comply and CCT is required to pay compensation to a third party resulting from such infringement, the service provider shall be responsible for the compensation including all expenses, court costs and lawyer fees. CCT will give notice to the Service provider of such claim, if it is made, without delay.

In the event of any claim asserted by a third party of infringement of copyright, patent, trademark or industrial design rights arising from the use of the Goods or any part thereof in CCT, the service provider shall act expeditiously to extinguish such claim. If the service provider fails to comply and CCT is required to pay compensation to a third party resulting from such infringement, the service provider shall be responsible for the compensation including all expenses, court costs and lawyer fees. CCT will give notice to the Service provider of such claim, if it is made, without delay. Service provider shall have no liability for any claim of infringement based on: (i) use of a superseded or altered release of some or all of the deliverables including, but not limited to, CCT ’s failure to use corrections, fixes, or enhancements made available by Service provider; (ii) the combination, operation, or use of some or all of the deliverables or any modification thereof furnished under this Agreement with





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information, software, specifications, instructions, data, or materials not furnished by Service provider if the infringement would have been avoided by not combining, operating, or using the deliverables or the modification thereof; (iii) some or all of the deliverables or the modification thereof, which is based on CCT ’s material, data or design; (iv) any change, not made by Service provider, to some or all of the deliverables or any modification thereof or (v) use of the deliverables otherwise than for the purposes authorised hereunder. If any of the Deliverables is held or is believed by Service provider to infringe, Service provider shall have the option, at its expense, to (i) modify the deliverables so as to make it non-infringing, (ii) obtain for CCT a license to continue using the deliverables, or (iii) terminate the license for the infringing part of the deliverables and refund a pro rata portion of the fees paid for that portion of deliverables, subject to straight line depreciation over a 5 year period. This clause provides for Service provider’s entire liability and CCT ’s exclusive remedy for claims of infringement of intellectual property rights related to the Deliverables. CCT warrants to Service provider that the software, materials, and other assistance (‘CCT materials’)




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supplied by Client to Service provider for the purpose of execution of the terms of the agreement are either CCT owned properties or are properties obtained by CCT under proper intellectual property licenses. CCT further warrants that the said software, material and other information, to be provided by CCT shall not infringe the intellectual property rights, proprietary rights or any other property rights of any party. If the CCT materials supplied by CCT are found to infringe the intellectual property rights of any party, then Client shall hold harmless and indemnified Service provider, against all claims and actions associated with such infringement, including without limitation the attorney fees spent by Service Provider in defending such actions and claims, and any compensation that may be paid by Service provider to settle such claim either in satisfaction of a court decree or otherwise. This clause shall survive the termination of this agreement. The CCT will indemnify, defend and hold Service provider harmless from any loss, injury, claim or damage resulting from any death or injury to any person or property of Service provider arising out of the use or possession of the facilities/equipment or location of




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CCT by Service provider or its personnel, unless caused by the negligence of Service provider personnel and the limitation of liability provided herein shall not apply to such loss, injury, claim or damages.

71. 25 Site Preparation and Installation (page 23)

25.1 CCT is solely responsible for the preparation of the sites in compliance with the technical and environmental specification defined by the service provider. CCT will designate the installation sites before the scheduled installation date to allow the service provider to perform a site inspection to verify the appropriateness of the sites before the deployment of software. This activity should be undertaken immediately after signing of the contract with CCT so that there is no delay in implementation of software due to site problems. The Hardware/software requirement report should be submitted within the first 30 days after signing of the Contract with CCT.

25.1 CCT is solely responsible for the preparation of the sites in compliance with the technical and environmental specification defined by the service provider. CCT will designate the installation sites before the scheduled installation date to allow the service provider to perform a site inspection to verify the appropriateness of the sites before the deployment of software. This activity should be undertaken immediately after signing of the contract with CCT so that there is no delay in implementation of software due to site problems. The Hardware/software requirement report should be submitted within the first 30 days after signing of the Contract with CCT and as mutually agreed by the parties.


72. 26 Time limit project (page 23)

26.1 The total time limit for the successful customization & implementation of the solution as per requirement of CCT shall be 3 months form the date of signing the contract which will be excluding the time required for approvals for the critical intermediate submissions. Time required for approval in normal circumstances may not exceed 20

26.1 The total time limit for the successful customization & implementation of the solution as per requirement of CCT shall be 3 months form the date of signing the contract which will be excluding the time required for approvals for the critical intermediate submissions. Time required for approval in normal circumstances may not exceed 20

Warranty/ O&M period is 5 years after go-live.




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working days for each such critical deliverables. Stages of customization/Implementation of Solution Maximum time Limit Cumulative time Limit Submission of URS, SRS & SDD Documents 1 months 1 months Complete customization & deployment on user platform covering the requirements of CCT 1.5 months 2.5 months Training & Hand holding support 0.5 month 3 months Warranty Support after go‐live 5 years 5 years & 3 months

working days for each such critical deliverables. Stages of customization/Implementation of Solution Maximum time Limit Cumulative time Limit Submission of SRS & SDD Documents 1 months 1 months Complete customization & deployment on user platform covering the requirements of CCT 1.5 months 2.5 months Training & Hand holding support 0.5 month 3 months Warranty Support after go‐live 5 years 5 years & 3 months

73. 27. Payment Schedule (page 24)

Payment Schedule Payment Schedule All invoices and bills for the software/hardware/deliverables will be raised by Bidder as per the Payment Schedule and will become due for payment within thirty (30) days of presentation. All payments are to be made by demand draft/cheque favoring TATA CONSULTANCY SERVICES LIMITED. All payments due for more than thirty (30) days will attract an interest at the rate of 2 percent per month on the invoice amount calculated from the date the payment became due until the recovery is made in full with interest. Without prejudice to the

As per Corrigendum




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other rights available, Bidder also reserves the right to withhold the provision of services till such time all the payments due to it under this Agreement have been made by CCT and any such withholding by the Bidder shall not be treated as breach by it of the provisions of this Agreement.

74. 30 Resolution of Disputes (page 24)

30.1 In this regard CCT doesn’t go for any arbitration on dispute and CCT’s decision will be final and binding on the service provider.

30.1 In this regard CCT doesn’t go for any arbitration on dispute and CCT’s decision will be final and binding on the service provider. In the event of a dispute or difference of any nature whatsoever between Bidder and the CCT during the course of the assignment arising as a result of this proposal, the same will be referred for arbitration to a Board of Arbitration. Such Arbitration shall be governed by the provisions of the Indian Arbitration and Conciliation Act 1996.This Board will be constituted prior to the commencement of the arbitration and will comprise of two arbitrators and an umpire. Bidder and the CCT will each nominate an arbitrator to the Board and these arbitrators will appoint the umpire. Arbitration will be carried out in Gujrat.


75. 33 Taxes and Duties (page 25)

33.1 Service providers shall be entirely responsible for all taxes, duties, license fees, octroi, road permits, etc., incurred until delivery of the contracted software / service to CCT. However, VAT/Service Tax in respect of the transaction

33.1 Service providers All fees payable to Bidder are exclusive of any tax. CCT shall be entirely responsible for all taxes, duties, license fees, octroi, road permits, sales, use, value added tax, service , GST or taxes of a





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between CCT and the service provider shall be payable extra, if so stipulated in the Notification of Award.

similar nature measured by the services, deliverables or charges thereon etc., incurred until delivery of the contracted software / service to CCT. However, VAT/Service Tax in respect of the transaction between CCT and the service provider shall be payable extra, if so stipulated in the Notification of Award. CCT shall be responsible to pay or reimburse Bidder the amount of such taxes. Where applicable, Bidder shall invoice such taxes as a separate line item in applicable invoices and shall pay such amount of tax to the appropriate taxing authority upon receipt of such amount from the CCT. Any increase or decrease in the existing taxes or newly introduced taxes shall be to the account of the Bank. Each party is responsible for its own income taxes, corporate taxes and franchise taxes.

76. 1.1.1 Implementation related penalty of service levels (page 27)

1.1.1 Implementation related penalty of service levels Development of Solution These SLAs shall be strictly imposed and a software audit/certification shall be carried out at the sole discretion of CCT for certifying the performance of the applications against the target performance metrics as outlined in the table below: Service Category Target Severity Penalty Successful completion of customization of all the modules. As per delivery Schedule Critical

1.1.1 Implementation related penalty of service levels Development of Solution These SLAs shall be strictly imposed and a software audit/certification shall be carried out at the sole discretion of CCT for certifying the performance of the applications against the target performance metrics as outlined in the table below: Service Category Target Severity Penalty Successful completion of customization of all the modules. As per delivery Schedule Critical

As per Corrigendum




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A Penalty of 0.5% of contract value of Software per week delay. Testing & UAT of all the modules. As per delivery Schedule Critical A Penalty of 0.5% of contract value of Software per week delay. Product Training & Handholding Support of all the modules. As per delivery Schedule Medium A Penalty of 0.5% of contract value of Software per week delay. Commissioning & Go‐ Live As per delivery Schedule Medium A Penalty of 0.5% of contract value of Software per week delay. Note: If the bidder is not adhering to the individual milestones as defined in the delivery schedule, the cumulative penalty will be levied for the delayed weeks, at the sole discretion of CCT. If delay exceeds maximum delay weeks at the particular milestone, CCT may have rights to terminate the contract. In that case the Performance Bank Guarantee of the bidder will be forfeited. The SLA applicable after the implementation shall be purely measured on the availability of the services at site.

A Penalty of 0. 15% of contract value of Software per week delay. Testing & UAT of all the modules. As per delivery Schedule Critical A Penalty of 0.51% of contract value of Software per week delay. Product Training & Handholding Support of all the modules. As per delivery Schedule Medium A Penalty of 0.15% of contract value of Software per week delay. Commissioning & Go‐ Live As per delivery Schedule Medium A Penalty of 0.15% of contract value of Software per week delay. Note: If the bidder is not adhering to the individual milestones as defined in the delivery schedule, the cumulative penalty will be levied for the delayed weeks, wherein the maximum penalty shall be 5% of the delayed goods/services for that delayed weeksat the sole discretion of CCT. If delay exceeds maximum delay weeks as mentioned above at the particular milestone, CCT may have rights to terminate the contract after providing an agreed cure period to TSP to rectify such delay. In that case the Performance Bank Guarantee of the bidder will be forfeited. The SLA applicable after the implementation shall be purely measured on the availability of the services at site. The penalty shall be




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payable only for the SLA breach for reasons solely attributable for the Bidder and such liquidated damage shall be CCT’s sole and exclusive remedy for all delays herein.

77. 1.1.2 Operational Related Penalty (page 27)

For Software Uptime Sl. No Measurement Target Penalty 1 Product Availability Downtime required for maintenance, new initiatives undertaken by TSP or for Performance enhancement measures shall not be considered while calculating product availability. All major maintenance shall be carried out in a planned manner after announcing it across the platform. Any planned shutdown will be done only between 9 pm and 8 am. >= 99% INR 1,00,000 for every 12 hours of downtime at a stretch or in parts on a quarterly basis. And INR 10,000 for every subsequent hour of downtime at a stretch or in parts for total down time more than 12 hours on a quarterly basis.

For Software Uptime Sl. No Measurement Target Penalty 1 Product Availability Downtime required for maintenance, new initiatives undertaken by TSP or for Performance enhancement measures shall not be considered while calculating product availability. All major maintenance shall be carried out in a planned manner after announcing it across the platform. Any planned shutdown will be done only between 9 pm and 8 am. >= 99% INR 1,00,000 for every 12 hours of downtime at a stretch or in parts on a quarterly basis. And INR 10,000 for every subsequent hour of downtime at a stretch or in parts for total down time more than 12 hours on a Quarterly basis. CCT shall consider the time lost due to any of the following reasons shall be taken into account while calculating the availability/ uptime requirement: (a) Time lost due to power or environmental failures; (b) Time taken to recover the system because of power or environmental failures; (c) Time lost due to damage or malfunction in the system or any

As per Corrigendum




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units thereof due to causes attributable to CCT such as attachment of additional devices, making alteration to the system, maintenance of the system, etc. without TSP’ consent and/ or failure to maintain the site as required by the TSP; (d) Time taken for scheduled maintenance/ troubleshooting either for preventive purposes or improvement in function or other purposes; (e) Time taken for reconfiguration or other planned downtime situations; (f) Scheduled shutdowns as required by CCT (TSP may also request CCT for a shutdown for maintenance purpose, which request will not be denied unreasonably by CCT); (g) Time taken for booting the system (h) Time lost due to unavailability of links.

78. SECTION V: Performance Security Form (Page 44)

This Bank Guarantee issued by ____________________Bank, on behalf of the Contractor in favor of CCT is in respect of the Contract/agreement dated________________. As communicated by Contractor on the date of execution of this Bank Guarantee an amount of Rupees ______________ (Rupees ______________________________ only) is outstanding and payable to Contractor by CCT , in respect of pervious contracts between TCS/Contractor and CCT.





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As communicated by Contractor on the date of execution of this Bank Guarantee, there are no outstanding disputes related to any pervious contracts between Contractor and CCT. Notwithstanding anything contained herein above our liability under this Guarantee is restricted to Rs. _________________ (Rupees _________________________) (including claim period of three months). and it shall remain in force up to and including ________________ and shall be extended from time to time for such period as may be desired by the SELLER on whose behalf this guarantee has been given. Unless the demand/claim under this guarantee is served upon us in writing before _________all the rights of CCT under this guarantee shall stand automatically forfeited and we shall be relieved and discharged from all liabilities mentioned hereinabove.

79. Form IV: Original Equipment Manufacturer (OEM)/Developer Authorization Form (page 52)

1. We agree to any variation in the quoted quantity by 25% shall be provided at the price bided.

1. We agree to any variation in the quoted quantity by 25% shall be provided at the price bided. Request to please delete this clause.

Acceptable. Clause is removed.

80. General

Request for Additional General Clauses to be added

1. Execution Infrastructure

The BUYER will provide necessary and adequate infrastructure to





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enable Bidder to fulfill its commitment for the assignment. This will be applicable for each Bidder Consultant associated with the project and will be arranged for and provided at no cost to Bidder. The infrastructure will include:

I. Office space; II. Hardware and software;

III. Computer consumable including stationery, printer ribbons/toner, magnetic storage media such as floppy disks, tapes, cartridges, DATs;

IV. Office stationery and consumable;

V. Secretarial assistance, if necessary at site;

VI. Telephone, e-mail and fax facilities at site;

VII. Photocopying assistance; VIII. Meeting Room facilities

including room equipped with a writing board, seating arrangements, computers/ terminals, overhead projector and consumables.

The above-mentioned infrastructure will be required for work to be carried out at the site of BUYER during regular working hours. BUYER shall make arrangements to provide for the same beyond these hours such as after regular working hours and on holidays (excluding only compulsory




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national holidays), whenever required.

81. General


2. Methodology, Tools and Techniques

Bidder will use the methodology, tools and techniques as stated in the accompanying Technical Proposal. Any change in these, if desired by the BUYER will need to be communicated to Bidder in writing with a reasonable notice period to allow for an assessment of their impact, if any, on schedule, technical requirements, feasibility and cost.


82. General


3. Intellectual property rights: All intellectual property rights in the software, all tools, processes, software, utilities and methodology including any Bidder’s proprietary products or components thereof any development carried out by Bidder thereto in the course of providing services hereunder, including customisation, enhancement, interface development etc. shall remain the exclusive property of Bidder and CCT shall not acquire any right title or interest of any nature therein except to the extent provided herein. Bidder shall however grant in favour of CCT the right and nonexclusive, nontransferable, perpetual and irrevocable license to use the software for the purposes agreed hereunder. The foregoing license does not authorizes CCT to (a)





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separate Bidder pre-existing IP from the deliverable/software in which they are incorporated for creating a stand-alone product for marketing to others; (b) independently sell, lease, exchange, mortgage, pledge, license, sub license, assign or in any other way convey, transfer or alienate the Bidder pre-existing IP in favour of any person (either for commercial consideration or not (including by way of transmission), and/or (c) except as specifically and to the extent permitted by the Bidder in the relevant Statement of Work, reverse compile or in any other way arrive at or attempt to arrive at the source code of the Bidder pre-existing IP.

All the Intellectual Property Rights (IPR) in the third party software used in providing services including those forming part of or incorporated into the deliverables shall remain with the respective third party owners/ Bidder’s licensor and CCT shall have user rights in accordance with end user license agreement (EULA) as applicable to use of such software.

83. General


4. Warranty: The scope of the warranty shall be limited only to correction of any bugs that were left undetected during acceptance testing by the BUYER. Warranty shall not cover any enhancements or changes in the application software, carried out after





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acceptance testing. This warranty is only valid for defects against approved Specifications. The above mentioned warranty shall also not apply if there is any (i) combination, operation, or use of some or all of the deliverables or any modification thereof furnished hereunder with information, software, specifications, instructions, data, or materials not approved by Bidder and operation of the deliverables on incompatible hardware not recommended by Bidder; (ii) any change, not made by Bidder, to some or all of the deliverables; or (iii) if the deliverables have been tampered with, altered or modified by the BUYER without the written permission of Bidder; or (iv) defects in components or materials provided to Bidder by BUYER in connection with the preparation of the deliverable.

CCT warrants to Bidder that the software, materials, and other assistance (‘Client materials’) supplied by CCT to Bidder for the purpose of execution of the terms of the agreement are either CCT owned properties or are properties obtained by CCT under proper intellectual property licenses. CCT further warrants that the said software, material and other information, to be provided by CCT shall not infringe the intellectual property rights,




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proprietary rights or any other property rights of any party. If CCT materials supplied by CCT are found to infringe the intellectual property rights of any party, then CCT shall hold harmless and indemnified Bidder, against all claims and actions associated with such infringement, including without limitation the attorney fees spent by Bidder in defending such actions and claims, and any compensation that may be paid by Bidder to settle such claim either in satisfaction of a court decree or otherwise. This clause shall survive the termination of this agreement. The CCT will indemnify, defend and hold Bidder harmless from any loss, injury, claim or damage resulting from any death or injury to any person or property of Bidder arising out of the use or possession of the facilities/equipment or location of CCT by Bidder or its personnel, unless caused by the negligence of Bidder personnel and the limitation of liability provided herein shall not apply to such loss, injury, claim or damages. In case of breach of this warranty, BUYER’s exclusive remedy will be to obtain (1) the re-performance of the service or the correction or replacement of any service deliverable that provides substantially similar functionality or (2) if both parties




GIL/CCT

mutually determines that such remedies are not practicable, a refund of the fees allocable to that part of the deliverable will be due to the BUYER if already paid by the BUYER. EXCEPT AS SET FORTH IN THIS AGREEMENT, BIDDER MAKES NO WARRANTIES TO BUYER, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES OR DELIVERABLES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED BY THE BIDDER.

84. General


5. Additional Support and Services

In case the BUYER requires any additional support in execution of its tasks in respect of the assignment, it shall be provided to them by Bidder on availability-basis at its then current market rate.


85. General


6. Travel and Related Expenses

Should the assignment require any travel by any Bidder expert outside their respective base location(s), the BUYER will provide to-and-fro airfare, board-and-lodging expenses (or, arrangements for the same), as well as local transportation for all such travels.





GIL/CCT

86. General


7. Cost Escalation Bidder will monitor the cost components related to this assignment. At each milestone and at the time of periodic reviews, in case of variances against its budget for reasons not attributable to Bidder like delays in inputs/approvals by the BUYER, non-availability of facilities at the BUYER, increase in the scope of the agreed Change-Requirements or increase in the BUYER’s Implementation support requirements etc., Bidder will bring this to the attention of the BUYER. All such cost increases will be discussed and mutually agreed upon. Bidder will then raise invoices, payment period and other conditions for such invoices, which will be similar to those for payments laid out in this proposal.


87. General


8. Non-employment The BUYER will neither offer to employ nor employ, directly or otherwise, any Bidder employee, associated for the purpose of, or with the assignment, during the period between the date of this proposal and two years from the completion of the assignment arising herefrom.


88. General


9. Waiver No forbearance, indulgence or relaxation by any Party at any time to require performance of any provision of this Proposal shall in any way affect, diminish or prejudice the right





GIL/CCT

of such party to require performance of that provision and any waiver by any party or any breach of any provisions of this Proposal shall not be construed as a waiver or an amendment of the provisions itself, or a waiver of any right under or arising out of this Proposal.

89. General


10. Nonexclusively Bidder shall be free to do similar business either for itself or for any other party or offer similar services to any third parties but without in any way affecting the services agreed to be offered by Bidder under this Proposal.


90. General


11. Independent Relationship This Proposal is not intended to create a relationship such as a partnership, joint venture, agency, or employment relationship. Neither party may act in a manner, which expresses or implies a relationship other than that of independent party nor bind the other party.


91. General


12. Modification This proposal may be modified only by an amendment executed in writing by a duly authorized representative for each party.


92. General


13. Publicity Neither party shall publicize any information pertaining to this assignment or the other party without seeking the prior written consent of the other party.





GIL/CCT

93. General


14. Entire Understanding This Proposal together with the Schedules, Annexure and Exhibits hereto and executed by the parties hereto constitutes the entire understanding between the parties hereto with respect to the subject matter hereto and supercedes and cancels all previous negotiations thereof. To the extent permitted by Applicable Law, a party is not liable to another party in contract or tort or in any other way for a representation or warranty that is not set out in this Agreement.


94. General


15. Tata Code of Conduct: The business activities of the Bidder are self-regulated by the “Tata Code of Conduct”. The BUYER undertakes that it will endeavor to promptly report any violation or potential violation of the Code by any person to the Local Ethics Counselor or the Principal Ethics Counsellor or the CEO of Bidder. Bidder, in turn, undertakes that it will maintain confidentiality of all communications received.


95. General


16. Survival The clauses of this proposal which by their nature are intended to survive shall so survive the termination/expiry of this proposal.


96. 29 Section V Reverse Linear Trading: Multiple dealers perform Purchase Transactions in a chain and the first purchase does not get registered with

As these dealers are unregistered dealer and making first purchase so no filing their return, how system is going to get this data and map those

Bidder is expected to make use of analytics to propose best




GIL/CCT

the department. Since the first leg of the transaction is missing, the government loses out on tax.

transactions with particular chain of transactions?

solution to solve the requirement

97. 29 Section V Sale to unregistered dealers Whether transaction data includes purchase from and sales to unregistered dealer? What is the unique ID used for such unregistered dealer transactions to identify that those are the transactions of same unregistered dealer?

Bidder is expected to understand the functionality of commercial tax to understand the requirement

98. 29 Section V Identifying dealer in a commodity group stating less turnover to avoid sales tax.

Whether such commodity group is already established in current transaction processing system? Are we following any commodity standards to recognize commodities i.e. HSN or any other

Bidder is expected to make use of analytics capabilities to design a classification

99. 29 Section V Duplicate Dealer Names Data Whether system should remove or highlight duplicate records or it would be responsibility of CTD to remove duplicate records?

The system should be capable of detecting duplicate records.

100. 30 Section V The selected SI has to fully comply and provide all functional requirements through COTS application/ components of COTS application

Is it necessary that SI has to suggest COTS only or bidder can suggest in-built solution fulfilling the other requirements of CTD?

SI has to suggest COTS only

101. 30 Section V Indicative Sizing Parameters: Approx. Current Database size 2545 GB

These data is from which year and BI Reports is to be generated from which year. What are the data to be considered for analytical purpose? Could you please give details about master and transactions data also?

It is irrelevant at this stage. Will be discussed and details will be shared during implementation.

102. 31 Section V Data Quality Solution Once data is processed and to make data standardize or validated, whether CTD will rectify source data or is it bidder only to modify reporting data? We understand that CTD will give confirmation before auto

Understanding is correct




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modification of dealer’s data before generation of analytical reports.

103. 31 Section V Alert Management and Investigation At many a places alerts, notification is being asked so whether such alert to be given in reporting solution or back office transaction solution. Our understanding is that only separate MIS to be given for such exceptional transactions as complete work flow would not be required under this BI Solution? Please clarify

Bidder is expected to satisfy technical requirements as provided in the section and it should be part of the proposed solution.

104. 33 Section V Functional Requirement - Data Mining > System shall support selection of criteria for Identification of cases for special Business audit.

Whether such criteria are fixed in nature? Or authorized user will configure such criteria's frequently? In case of configuration, base parameter for configuration would be fixed or it could change? For example turnover based, ITC based, dealer based these are example of parameters

It will be decided at the stage requirement gathering.

105. 33 Section V System shall support impact analysis of selection criteria on coverage across registered dealers (through supply‐side and demand‐side analytics). [Once a dealer is audited, details of suppliers and customers are also subject to scrutiny. This enables greater coverage across the supply‐side and demand‐ side chain of the dealer. If this is recognized by the system, then the selection of dealers for Business Audit can be done more intelligently].

Whether such analysis is required real time or in batch mode?

This analysis is required in batch mode. However, bidder is expected to provide department to run analysis on a need basis (real time)

106. 35 Section V System shall enable tracking a dealer post audit, it is required to ear‐mark such dealer profiles in the system and to

At many places it is suggested that data is to be processed after audit, assessment, refund etc. Please clarify

Bidder is expected to make full use of all data that CTD will




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generate reports for that dealer and his associated dealers (suppliers and customers).

once dealer is highlighted for audit / assessment / refund audit from BI Solution then how to get data about whether actual audit is carried out or not and what would be the result of such actions? Whether is there a need to have complete workflow for assessment, audit, refund and investigation i.e. back office processing or such information are already available in current source data

provide through source systems

107. 35 Section V System shall support analysis of the groups of dealers and comparison with economic activity and growth in that industry

Whether such grouping has already been done and dealer master provides information about economic activity groups and dealers dealing in that group?

Bidder is expected to make recommendation and demonstrate analytical capabilities

108. 35 Section V System shall support analysis for determining excepted revenue (targets) from large tax payers groups based on economic activity and industry performance

Please confirm our understanding that CTD will obtain such information on regular intervals and capture in BI Solution so that Proposed Solution can compare the same with dealer transaction data and produce desired result

Bidder is expected to make full use of all data that CTD will provide through source systems

109. 34 Section V Data Analysis For different kind of analytical reports detailed data and information is required and if those are not available in source data, confirm that CTD will capture all these information in required time

Will be discussed with successful bidder at the stage of requirement gathering.

110. 17 8.1.2 Inspection/ Testing Please provide detail clarity on the requirement for each of the testing. Functional testing Volume testing Stress/Load testing Usability testing

As per Corrigendum




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Performance testing Security testing Facility testing Configuration testing Recovery testing Documentation testing Procedure testing Install ability testing Storage testing Serviceability testing

111. 54 VI Standards Compliant Standards Compliant - Please provide clarification why the specific compatibility required?

It is Technical standards compliant required for the solution to be proposed.

112. 54 VI General What is the expected size of the analytic data?

Will be discussed with successful bidder at the stage of requirement gathering

113. 54 VI General How many years of data will be put in Data Warehouse?


114. 54 VI General Is there any data migration required? No.

115. 54 VI General What is the number of concurrent report users and advance report users in the system?


116. 54 VI General Will there be any operational reporting from the data warehouse? If so how many reports expected?

Will be discussed with successful bidder at the stage of




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requirement gathering

117. 54 SECTION VI: Technical Requirements Compliance

The Statistical Analysis and Reporting suite have a single point of control over administrative tasks in the intelligence platform from Data Integration, Statistical Analysis, Analytical Models, Data Mining Models, Forecasting and Business Intelligence Reports.

Please provide detailed requirement clarification for better understanding

The department will provide importance to a common metadata platform from where all administrative tasks for different solutions can be taken care of.


The Statistical Analysis and Reporting Solution should have common metadata across ETL, Analytical Models (Statistical Analysis, Predictive Modelling, Optimization and Forecasting), alerts and investigation, and Business Intelligence Reports.


The department will provide importance to a common metadata platform from where all administrative tasks for different solutions can be taken care of


The reporting Solution should provide a clear explanation of forecasting results by providing “What does it mean” capabilities


Department requires user friendly tools which transparently provide details on the methodology used and explain analytical concepts in an easy manner.


The reporting Solution should allow 'On‐the‐fly' hierarchy creation for being able to traverse to lowest information to undertake root cause analysis


Specification related to BI and analytics is self-explanatory.


System shall enable tracking a dealer post audit, it is required to earmark such dealer profiles in the system and to generate reports for that dealer and his


Specification related to analytics is self-explanatory




GIL/CCT

associated dealers (suppliers and customers).


Upon identification of actionable items (such as non‐filers, address mismatches), report consumers can access procedures to carry out processes for customer contact / communication through the reporting interface


Specification related to BI and analytics is self-explanatory

123. 61 Analytics System shall provide facility to save and export the generated reports in file formats like RTF, HTML, PDF

What is context of RTF formats for Report output? Please provide detailed requirement clarification for better understanding

Specification related to BI and analytics is self-explanatory

124. 70 End User Application - Reporting Framework

The reporting Solution should allow 'On‐the‐fly' hierarchy creation for being able to traverse to lowest information to undertake root cause analysis

What does the customer mean by on the fly hierarchies? Please provide detailed requirement clarification for better understanding

Specification related to visualization is self-explanatory

125. 66 Alert Management Solution should provide capability for visualization and drilling down into networks

Are these compliance expected as a part of the BI Tools ‐ COTS solution? Please provide detailed requirement clarification for better understanding

Yes. Specification related to network analysis is self-explanatory

126. 66 Alert Management Visualization of the network should be driven by analytics rather than vice versa, with relevant aspects of a network which contribute towards the alert / risk being displayed


Yes. Specification related to network analysis is self-explanatory. Department will emphasize and provide importance to analytical over visualization capabilities

127. 66 Alert Management Users of network visualization/ other appropriate visualization should be able

Are these compliance expected as a part of the BI Tools ‐ COTS solution?

Yes. Specification related to network




GIL/CCT

to drill down further into networks and view additional links as required


analysis is self-explanatory

128. 66 Alert Management Additional links and entities which are external to the network data, should also be allowed to be added to the network and changes saved



129. 66 Alert Management Visual depiction, highlighting and color coding based on entity risk should be reflected in the network visualization/ other appropriate visualization



130. 66 Alert Management Networks should be visualized based on a temporal view – so that the chronology of events are depicter through a time slider



131. 66 Alert Management The solution should accept parameters for retrieving network entity details and relationships between any two entities and visualize links and networks based on these parameters



132. 66 Alert Management Solution should retrieve relationship between any two (specified) links in a network through a “short path” algorithm and enable visualization of the relationship.



133. 70 End User Application - Reporting framework

The reporting Solution should provide a clear explanation of forecasting results by providing “What does it mean” capabilities


Yes Department requires user friendly tools which transparently provide details on the methodology used and explain analytical concepts in an easy manner.

134. 71 End User Application -

Able to backlist/whitelist devices Please provide detailed requirement clarification for better understanding

Bidder is expected to demonstrate understanding of risk




GIL/CCT

Reporting framework

parameters governing a dealer in commercial tax scenario

135. 71 End User Application - Reporting framework

System shall enable tracking a dealer post audit, it is required to earmark such dealer profiles in the system and to generate reports for that dealer and his associated dealers (suppliers and customers).

Please provide detailed requirement clarification for better understanding Will be discussed

during requirements stage

136.

30

Part V: Scope of Work Indicative Sizing Parameters

Sr. No. Particulars Details 1 No. of Concurrent Users · Admin User 50 users approx. · User Level 1000 users approx. 2 No. of Administrative Units 103 Units + 25 Range + 11 division + CCC = Total 140 Administrative Units 3 No. of Dealers – VAT 6,54,665 dealers No. of Dealers ‐ CST 4,04,702 dealers 4 No. of Active Dealers –VAT 4,69,312 dealers No. of Active Dealers ‐ CST 2,83,187 dealers 5 Frequency of Filing Returns Monthly, Quarterly and Annually 6 Approx. Current Database size 2,545 GB 7 Approx. Database size increase in % year on Year 20%

The numbers provided for number of users seem to refer to the total user base rather than concurrent user base. Concurrent can be defined as those who are actively working on the solution at the same point of time (not just logged in or credential at the system) - for purpose of calculating overall workloads, it is requested if the department could kindly provide an indication of how much percentage concurrency ( 10 - 20 % ) one can consider for the solution.

As per Corrigendum

137.

30

Part V: Scope of Work Indicative Sizing Parameters

Sr. No. Particulars Details 1 No. of Concurrent Users · Admin User 50 users approx. · User Level 1000 users approx. 2 No. of Administrative Units 103 Units

Please provide an indication of the enforcement department size - this will help us size for the solution components that require investigation and workflows (which involve higher workloads) as

As per Corrigendum




GIL/CCT

+ 25 Range + 11 division + CCC = Total 140 Administrative Units 3 No. of Dealers – VAT 6,54,665 dealers No. of Dealers ‐ CST 4,04,702 dealers 4 No. of Active Dealers –VAT 4,69,312 dealers No. of Active Dealers ‐ CST 2,83,187 dealers 5 Frequency of Filing Returns Monthly, Quarterly and Annually 6 Approx. Current Database size 2,545 GB 7 Approx. Database size increase in % year on Year 20%

separately from the visualization / report viewing users.

138.

32 Scope of Work Diagram showing solution flow

The Public are shown as part of the Users group in the solution flow diagram. Please detail what are the public facing components and functionalities that need to be included as part of scope.

Limited public interface will be required. Requirement will be discussed and finalized at the stage of requirement gathering.

139.

74 Technical Compliance

In the proposed tool several taxonomists and developers, working individually or in teams, can access projects in a Collaborative approach. For multiple users permission levels should include read and write category rules and concept definitions, depending on the permission level granted by the administrator.

Request if the department can further specify that "the various text mining models designed through collaborative and individual projects, should be capable of getting compared on different parameters such as precision and recall of the output rules. The model with the best performance should be used as part of the production scoring process. " This is crucial because text mining

The intelligent analytical features

will be given importance over

other capabilities.




GIL/CCT

needs to be based upon a proper analytical principle in order to remove any subjectivity from the exercise.

140.


Magnify a chosen area of the visual representation

It is requested from department to also specify that the visualization should be based on relevant terms that are necessary for text analysis - and should be able to make use of stoplists and synonym lists to remove common words like the / and / it etc. This is important because mere visualization with different capabilities may not provide purposeful results unless there is an intelligent way to visualize these elements.

Department requires intelligent text mining and not mere visualization. The intelligent analytical features be given importance.

141.


Suggested addition relating to network analysis

It is requested that the department specify that the "solution should contain strong network analysis capabilities such as: - Community detection to identify strongly connected dealers (as per weight which user can define) - Centrality metrics such as betweenness, closeness, eigenvector and articulation points which help to identify important dealers and their roles (such as whether they are intermediary for invoices, pass through dealers etc.) - Cyclical flow of information over the network so that circular trading can be detected. - Ability to associate individual nodes (entities) with latitude / longitude / locational information where





GIL/CCT

available We suggest this in light of providing a more comprehensive view of the various network analysis possibilities which are needed for a commercial taxes situation , of which some have been rightly taken into consideration by department in this RFP

142.


System shall support Clustering with following features: User Defined or automatically chooses best k clusters. Several strategies for encoding class variables into analysis Handles missing values

Request the department to specify that the clustering and segmentation algorithms provided should be useful not just from a dealer classification point of view, but also serve as an unsupervised learning method to identify outliers, anomalies in dealer performances and quantification of possible risk to the department.

The objective for the clause is similar to the query provided.

143.


System shall support automated algorithms which will help the endusers to run multiple algorithms at a time and hence compare the results between them.

It is requested from department to please specify "The criteria for comparison and identification of best model algorithm should be automatically selected, based on established selection statistics such as Misclassification Rate, Akaike Information criterion, Receiver Operating Characteristic, Gain, Avg squared Error, mean squared error, Gini coefficient , as well as User Specified criteria." This is essential in order to establish an objective criterion for selection of best model which the predictive analytics software provides and to enable self learning capabilities based





GIL/CCT

on easy indemnification of possible model shifts.

144.


Should be customizable and allow enhancement of its knowledge base by constantly updating Indian Dictionary

It is requested that department please clarify that by dictionary they do not mean a static collection of Indian name / address information but rather a dynamic repository or knowledge base of patterns of address and name definitions found in the Indian locale. This should further be customized through a GUI based interface rather than a complex coding / programming approach This is important to ensure that the department obtains a more relevant quality knowledge base for carrying out it data quality processes.


145.

11.4.5/ 9 General Bid Prices

Widely worded ipr/ownership rights accruing to client. No express protection for our internal working papers or pre-existing IPR. Flagged for business


146.5.3/ 16 General Use of Contract Documents and

Information

There is an obligation to return the documents received under the engagement


147.

5.4/ 16 General Use of Contract Documents and Information

The Client is to have audit right with respect to accounts and records in respect of Services provided under the Agreement and have the same audited by a 3rd party


148.6.1, 23.2 / 16,22

General Patent Rights, Copy Right

Indemnities exist for accidents or incidents leading to loss of life, and also against 3rd party claims of infringement of copyright, patent, trademark or industrial design rights





GIL/CCT

149.18/ 21 General Limitation of Liability Liability is capped at the total charges

received under the contract No Change. As per RFP

150.

23.4 / 23 General Supplier / service provider’s Obligations

The information and documents received under this engagement cannot be used as citation for other purposes without prior written approval of the client


151. Section 4- 1.1.1, 1.1.2 / 26,27

General Categories of SLA's There is a penalty obligation upon PwC, linked to the SLA. Flagged for business


152. General Confidentiality The standard exclusions have not

been documented No Change. As per RFP

153.Section V / 29 Technical Circular Trading

For identifying the circular trade cycles for which Financial year the data needs to be captured (Current, Current+Previous)

To be discussed with successful bidder at project stage

154.

Section V /32 Technical Source System layer

Are the sources mentiond for Third party data in the RFP final or any new sources will be added? Is the data structured and available in database or only in csv format?

To be discussed with successful bidder at project stage

155. Section V /39 Technical Alert Management and Investigation Does the reporting require to send

alerts to mobile devices?

Users should be able to view alerts through mobile interface

156.Section V /41 Technical Data Reporting

Only KPI's are mentioned against each Division. A definite count for number of reports needs to be mentioned.

Will be mutually agreed with successful bidder at project stage

157.

Section V /41 Technical Data Reporting For reporting and analysis how many

years of data is to be considered?

Bidder to make recommendation based on understanding of tax analytics




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requirements in commercial domain

158.

26 / 23 General Time limit project

The project duration we would like to propose is of 09 months. The timeline is as below: A. Month 1 - Creating BRD and Software installation B. Months 2-4 - Creating High level design, Wireframes, Setting up dealer de-dupe repository, Reports/ Dashboards based on dealer data, Registrations, Returns C. Months 5-7 - Circular trading + reports based on Waybills, Invoices, Refund, Audit, Third Party data D. Month 8 – Training and Handholding the solution E. Month 9 – Hyper care support

As per Corrigendum

159.

27 /24 General Payment schedule

The payment schedule we would like to propose is based on Milestones. Please refer "Proposed Milestone" sheet for details

As per Corrigendum

160. 42 Scope- 9 Audit Report Bullet point 3 is not clear under 'Audit Report'. Please clarify.

Third point is “Amount at risk identified (potential assessed amount)”

161. 24 Scope - Payment Schedule- 27.3

Operational & Maintenance support for Customized Solution, BI tool & data migration during the contract period of 5 years from the date of Go‐live. Payment will be paid Quarterly after the end of each quarter.

AMC cost of BI tool should be paid as start date of anniversary.

As per Corrigendum




GIL/CCT

162. 17 Scope- 8.1.2 As per Govt. Of Gujarat circular dated 10th March 2006, the CCT applications must be tested at EQDC, GIDC, Gandhinagar or at the location specified by CCT at the cost of TSP. The TSP must include testing cost in their financial bid. The different types of tests that has to be performed through EQDC/other competent agency are as mentioned below: 1. Functional testing 2. Volume testing 3. Stress/Load testing 4. Usability testing 5. Performance testing 6. Security testing 7. Facility testing 8. Configuration testing 9. Recovery testing 10. Documentation testing 11. Procedure testing 12. Installability testing 13. Storage testing 14. Serviceability testing

This has a dependency on the empanelled agency to perform 14 different types of testing. What if the EQDC or empanelled agency does lesser number of testing ?

As per Corrigendum

163. 12 Scope-23.2 GIL/CCT will form an evaluation Committee or it may be done by I.T. Committee which will evaluate the proposals submitted by the bidders for a detailed scrutiny. During evaluation of proposals, GIL/CCT, may, at its discretion, ask the bidders for clarification of their Technical Proposals.

We would like to suggest and have point based system (out of 100) which would have weightage like organizational strength and technical solution offered. As per Corrigendum

164. 1 & 4 Scope Bid Security / EMD Need clarification on the bid security amount as 2 different values are

EMD / Bid security is Rs. 30 lacs




GIL/CCT

mentioned in RFP (30 lakh on page 1 and 10 lakh on page 4 ).

165.

- - -

Can you please clarify what is in scope in terms of alerting – is it a case management capability required in order to follow up with the potential fraud cases?

Department requires capabilities for its officers to view, evaluate all relevant information and take a decision on alerts pertaining to dealers, a group of dealers or a network, and other types

166.

- - -

According to the documentation, the Hardware, OS and the Database will be provided by the Department. Can you please provide details on what hardware platforms are preferred and what Database technology is going to be used?

Bidder to propose solution based on best understanding of the requirements for an analytics and BI solution

167.

- - -

What are the expected transaction volumes? How many returns are processed monthly/quarterly/ annually?

As per Corrigendum

168.- - - Are there any peak usage periods?

Please provide details. As per Corrigendum

169.

- - -

What is the expected availability of the system? Does the Department require a Disaster Recovery setup on a different location.


170.

- - -

Asking for suppliers in leaders quadrant will restrict the vendors who willing to bid for this. Can you please give some relaxation on this?


171.23 26.1

Complete customization & deployment on user platform

Is there a possibility to extend the implementation duration as the ask - ETL, data cleansing, reporting, alert,

As per Corrigendum




GIL/CCT

covering the requirements of CCT is maximum of 1.5 months

fraud scenario building, predictive modeling and forecasting is complex. Request you to change it to 6 months considering the scope of project.

172.

28 V

Analysis framework that would also help in detecting some complex fraud scenarios as stated below:

We are seeing 10 different fraud scenarios explained. Is this the exhaustive list? If not, please mention the total number of scenarios to be built.

Bidder to make recommendation based on best understanding of fraud alerts and potentially fraudulent behavior. The list provided is not exhaustive.

173.

30 V

Approx. Current Database size 2,545 GB

Please quote the database platform. Are we expected to adopt the existing platform in the proposed solution?

Database in Oracle. Bidder may decide. However, the database will be provided by CCT.

174.

30 V

Prediction of tax scenario, risk analysis, profile commodities and tax groups

Is the number of predictive models expected to be built already decided. If yes can the details be shared?

Bidder to make recommendation based on best understanding of analytical requirements

175.

31 1

Source Systems: Other government agencies like Income tax, GSTN, Excise, Customs etc.

Please indicate the exact number of Government agency source systems. Also indicate the size of data from each of these sources. This is required for estimation and sizing purposes

As per clarifications no. 43 above.

176.

31 1

Source system, (VATIS application and/or new application for GST)

Please provide the indicative number of tables, which are to be sourced for the scope of the solution. Please provide for the following systems. VATIS

As per Corrigendum




GIL/CCT

TINXPS GST

177.

31 1

The framework would include the following capabilities: 1. Data consolidation from

Are we allowed to extract data directly from sources or do you provide us with landing system where from we need to extract?

Instance of the database will be

created separately.

178.

32

The indicative high level architecture illustrates the requirement for a layered architecture having the following layers

The architecture is not showcasing DWH and Datamarts. Is there a requirement to build data model for DWH in the scope?

Bidder should factor in a repository to persist data which is used in the analytics and BI solution. Bidder to make recommendation based on best understanding of architecture

179.

38

The System shall allow for importing datasets from various miscellaneous sources to be imported and compared (matched) with the existing registration data

Please specify the list of file formats to be sourced.

Will be discussed with successful bidder at project stage Common file formats are RDBMS tables, text files and CSV files

180.

40

Department should be able to action alerts by routing, emailing, closing or other events

Do you have SMTP gateway in place? Are we expected use the existing arrangement for email services?

Yes. Bidders has to use existing email services through

GSWAN. 181.

73 Text Mining: Ability to translate a search appropriately across multiple sources

How many sources are to be extracted as part of text mining activity?

Will be discussed with successful bidder at project stage

182.

Are there any known data quality issues in the current source data. If so please mention the details

Bidder is expected to carry out profiling and identify potential data quality issues along with




GIL/CCT

remediation during project

183.

23 26.1

Time required for approval in normal circumstances may not exceed 20 working days for each such critical deliverables.

Does this mean that each phase of deliverable will take 20 days for approval e.g. SRS will take 20 days for approval. Hence, 20 days will be added to overall timeline. Please confirm


184.24 27

After successful completion of 25% Customization/Development and UAT, 30% payment will be released

How do we measure 25% customization/Development and UAT?

As per Corrigendum

185.

27 1.1.1

A Penalty of 0.5% of contract value of Software per week delay.

Can this clause be rephrase to " Penalty of 0.5% of Implementation Cost (SRS, Customization, UAT, Deployment) per week delay"

As per Corrigendum

186.

30

The technology proposed for Gujarat Commercial Tax Department’s requirement should be supporting all Industry Standard Operating System, Database and Hardware.

Is there any preference for Operating System, Databases, Technology platform? No. Bidder will have

to propose.

187.

31

Data consolidation from-Other government agencies like Income tax, GSTN, Excise, Customs etc.

Is the communication with other department already exist? If Yes, What is the communication mode and data formats?

Not exist. It will be done as and when

required.

188.

31

Allow the toll to access data from other Government department (e.g. NSDL) for improved analysis.

Please clarify.. What is toll? Does system need to expose BI data to other government departments or other departments will be able to access reports through system?

To be read as “tool”

Access of the system will be given through

integration 189.

55 Security Will there be users from other

government departments? If Yes, Will these users be part of AD or LDAP

Need to discuss

190.56

The Tool should provide support for Message‐Oriented Middleware,

What is the purpose to support multiple middleware platforms?

The objective of this condition is to ensure




GIL/CCT

including Web Sphere MQ from IBM, MSMQ from Microsoft and Tibco’s Rendezvous.

that the proposed solution should be able to support data exchange in near real time with zero / near zero packet loss. The bidder can make recommendation as per their best understanding of solution requirement.

191.8 11.2.3

Invoicing shall be from Gujarat only

Invoicing should be from any state In India


192.9 11.4.3

This shall also include the cost of integration with the existing application i.e. VATIS of CCT.

Please share the details of VATIS application and the type of integration envisaged by CCT

As per Corrigendum

193.24 27 Payment

Schedule

90% ‐ Payment of BI tool shall be made on delivery of paper licenses

Suggest 100% payment on delivery of license As per Corrigendum

194.

27

Note: If the bidder is not adhering to the individual milestones as defined in the delivery schedule, the cumulative penalty will be levied for the delayed weeks, at the sole discretion of CCT. If delay exceeds maximum delay weeks at the particular milestone, CCT may have rights to terminate the contract. In that case the Performance Bank Guarantee of the bidder will be forfeited. The SLA applicable after the implementation shall be purely measured on the availability of the services at site.

Request you to make 10% cap on penalty

As per Corrigendum




GIL/CCT

195.

27 1.1.2 Operational Related Penalty

INR 1,00,000 for every 12 hours of downtime at a stretch or in parts on a quarterly basis. And INR 10,000 for every subsequent hour of downtime at a stretch or in parts for total down time more than 12 hours on a quarterly basis.

We suggest for Rs. 50000 for every 12 hours and Rs. 5000 for subsequent hours and penalty limited to 10% of quarterly AMC amount As per Corrigendum

196.

4 and 9

SECTION I: INVITATION FOR BIDS (IFB) - Point 3 and Section 13.1

The bidder must submit the DD of Rs. 10,000/‐ towards tender processing charges and Rs. 10 lacs towards Bid Security amount in sealed cover. Bid security/ Earnest Money Deposit Rs. 30,00,000/‐ (Rupees Thirty Lakhs only)

Kindly clarify the amount of EMD as two different figures are mentioend at these 2 different sections in the RFP. EMD is Rs. 30 lacs

197.

23

26.1Time required for approval in normal circumstances may not exceed 20 working days for each such critical deliverables.

Request department to make the timeline upon mutual discussion No Change. As per

RFP

198.

31

Data consolidation from · Source system, (VATIS application and/or new application for GST) · Other government agencies like Income tax, GSTN, Excise, Customs etc.

Please ellaborate the mentioned data consolidation process in detail Clause is self-

explanatory

199.

32

Source System Layer – This would primarily consist of the commercial tax operational application i.e. VATIS, TINXYS and third party data like PAN numbers, electricity consumption etc. which would be in the CSV format, and/or GST software to be develop by

Please elaborate on GST software to be developed by GSTN

Will be discussed with successful bidder at project

stage




GIL/CCT

GSTN and Government of Gujarat.

200.

5 Pre-qualification Criteria

Bidder should be an established Information Technology Company/ IT System Integrator and should have been engaged in similar IT projects/solutions business for a period of at least five years as on 31.03.2015:

Please clarify as what do you mean by “established information Technology company / IT system integrator.” We understand that any company that is into implementation / development / customization of software would be an Information Technology company. No Change. As per

RFP Amendments requested: “Bidder should be in the business of Information Technology / IT System Integration and should have been engaged in similar IT projects/solutions business for a period of at least five years as on 31.03.2015”.

201.

5 Pre-qualification Criteria

The bidder should have demonstrable expertise and experience in developing web based integrated IT solutions involving all the phases of SDLC (Software Development Life Cycle). The bidder must have completed at least 3 (Three) such Integrated IT projects involving all the phases of SDLC having minimum cost of Rs. 2 Crore each in last five years as on 30.03.2015.

Amendments requested: Request to modify this clause as follows:


“The bidder should have demonstrable expertise and experience in developing web based integrated IT solutions involving all the phases of SDLC (Software Development Life Cycle). The bidder must have implemented or in process of implementing at least 3 (Three) such Integrated IT projects involving all the phases of SDLC having minimum cost of Rs. 2 Crore each in last five years as on 30.03.2015.

202.5 Pre-qualification

Criteria No consortium will be allowed You are requested to allow

consortium for this project. No Change. As per RFP

203. 4 & 9 Point no 3 and The bidder must submit the DD of Rs. 10,000/‐ towards tender processing

EMD is Rs. 30 lacs




GIL/CCT

charges and Rs. 10 lacs towards Bid Security amount in sealed cover.

Requesting to clarify whether Bid Security Amount is Rs 10 lacs or Rs 30 lacs? 13.1

Bid security/ Earnest Money Deposit Rs. 30,00,000/‐ (Rupees Thirty Lakhs only) in the form of Demand Draft

204. 41 Functional Requirements: Data Reporting

The system shall support dashboards for each of the divisions and any other nomenclature as may be defined in GST regime

We assume that dashboards/reports will be created only for 11 divisions as stated in RFP. No. At all the

administrative units including HQ at CCT office.

If not, then please specify the expected number of reports/dashboards to be created as a part of this project. This would have an impact on the overall effort required.

205.

51 FORM III: Financial Bid: Part 5 – Training

The number of employees to be trained are indicative only

· Please provide the number of users and type of users to be trained.

As above

· How many training program should be conducted for the users · Location of training programs · We assume that the payment for facilities, travel etc. borne by purchaser

206. 58 SECTION VI: Technical Requirements Compliance: ETL

The tool should have status messages that explain the status issues with incomplete transformations.

Could you please provide us the detailed explanation of this clause? Clause is self-

explanatory


System shall be able to join data from multiple sources and support for concurrent processing of multiple source data streams, without writing procedural code

Could you please specify the list of source data (both internal and external) to be used during the implementation of this project?

As per Corrigendum


System shall be able to facilitate bulk data movement

What is the volume of data (in TB’s or number of observation) that would be extracted on bulk load how much historical data is expected to be

Will be provided at the time of requirement gathering.




GIL/CCT

loaded? This would help in assessing the data warehouse capacity

209. 65 SECTION VI: Technical Requirements Compliance: Alert Management and Investigation

Department should be able to follow a champion challenger approach in model development through developing different model versions, compare results on different parameters, and select and deploy best performing model

The development of Analytical models is effective if department is able to provide the distinct set of both Risky and Non-Risky cases across state. These cases should be spread across the state and should not be just from one specific region/area/city. In terms of numbers, its better if the number of cases provided are 2500(Risky) and 2500(Non-Risky), thereby total 5000 cases are required for any model development

No change. The identification of risky dealers is one of the goals of the project and cannot be provided in advance. Bidder is expected to have the analytical understanding and capability to recommend the best approach to identify risky dealers

210. 18 Security Audit In addition to inspection & testing, the TSP shall also be responsible to get application security audited by CERT‐In Empanelled application security Auditors at the cost of the TSP and submit the Security Audit Clearance Certificate issued by CERT‐In Empanelled Security Auditors.

EY has an independent team that is CERT-in empanelled and provides application security audit related services. In case EY participates as TSP, would it be allowed that EY engage its internal security audit team for required security audits

No. In that case, the security audit is to be done through other CERT-in empanelled auditor.

211. 19 Clause 11.1 Service provider must deploy the solution at the places specified by CCT at the time of the contract and ensure smooth running of that solution. Service provider needs to provide all the necessary things like CD media, etc. at every deployment site for assuring minimum down time of the system.

Please specify the total number of sites where the solution is expected to be deployed. Solution is to be

deployed at one location.

212.

23 Clause 26 Time limit project

It appears that maximum time limit for submission of URS, SRS and SDD documents (1 month) is very aggressive. It may be possible in case the requirements are already

As per Corrigendum




GIL/CCT

identified at the time of project initiation and the SI is just expected to revalidate the stated requirements and assess its feasibility. You are thus requested to share the basis of finalizing this timeline. Would it be acceptable if the bidder propose a different timeline for the milestones that they feel are practically possible?

213.

24 Clause 27 Payment Schedule

The first payment milestone of 30% payment is on 25% development/customization and UAT. Please clarify on the following points:

As per Corrigendum

On what basis would 25% of scope be identified? The initial part of development generally includes backend operations like data integration, data quality, data modelling etc. Do we expect the users to perform UAT based on such backend jobs that are more technical in nature. You are requested to include a payment milestone on finalization of SRS / Requirements document.


We are assuming the SLA’s would only be applicable if the delays are solely attributable to the bidder and no one else except the bidder is responsible for any of the reasons for the delay etc. Please clarify and confirm.

As per Corrigendum


As per the requirement, the bidder needs to provision for 1050

As per Corrigendum




GIL/CCT

concurrent users (50 Admin and 1000 users). While it is clearly stated that these are the concurrent number of users, we would request you to reconsider and reconfirm the same and if possible define the term “concurrent users”. The way we understand, concurrent users are active users that are hitting the application at any given moment of time. In most of the cases, concurrent users are around 20% of the total number of users.


It would be useful in finalization of software license if you could specify the number of users as per user types like:

Not possible to give in the specific category as asked. Information given on page no. 30 of RFP- “Indicative Sizing Parameters”. At the stage of requirement gathering, the category will be defined.

Analytics Users Dashboard users Ad-hoc query users Information consumers (users who simply look at some information in the same format and do not perform any analysis)

217. 30 Part 3 Cost of proposed manpower for Operation and Maintenance support for five years

There are some specific roles defined under the column “Manpower requirement”. Are these indicative roles or the expectation is to deploy the resources with the role as defined in the table.

Specific roles defined under the column “Manpower requirement” are mandatory and minimum. However, SI may propose more by adjustment of new role in the defined

Also, the table has 6 roles defined, would it be acceptable if SI propose




GIL/CCT

lesser or more number of support resources.

financial bid format. No separate proposal will be considered.

218. 30 Need for Commercial Tax

It is understood and clear that the software solution is to be identified by the bidder as per the specifications and its cost would be considered for evaluation. We agree with this but request you to buy the software licenses directly from the OEM as proposed in the response rather than routing the software procurement through the bidder.


219. General

Evaluation criteria This is a highly technical work and needs a lot of experience in ensuring a successful implementation. You are thus requested change the evaluation criteria from L1 to QCBS with at-least 70% technical weightage and technical scoring also to include the experience of the bidder in implementation of similar solutions in the area of taxation.

As per Corrigendum

220. 30 Section 5: Scope of Work Indicative Sizing Parameters:

It is requested if you could highlight the current role of Admin & User Levels in current information system of CTD Department. Their role in accessing the current information system (IT & Web Applications) and their frequency of accessing these applications would also be of great help in analysing the current traffic & load on the existing IT infrastructure.

Bidder to propose best recommendation based on their understanding of user profiles

Admin User: 50 users approx.

User Level: 1000 users approx.

221.30 Section 5: Scope of

Work

Indicative Sizing Parameters: Could you please give us more details on what are these administrative Bidders expected to

have understanding




GIL/CCT

No. of Administrative Units units? What is the role of these administrative units in the current functioning of CTD’s Tax Administration system?

of roles of different commercial tax

officers relevant to the solution.

222. 30 Section 5: Scope of Work

No. of Dealers – VAT 6,54,665 dealers Is ‘No of Dealers – CST’ a subset of ‘No. of Dealers – VAT’?

1. Yes. 2. As per given in

RFP on page no. 30

No. of Dealers ‐ CST 4,04,702 dealers If not entirely, could you please give the accurate count of Active Dealers in total (including VAT & CST)? A unique count of dealers existing in the system.

No. of Active Dealers –VAT 4,69,312 dealers

No. of Active Dealers ‐ CST 2,83,187 dealers

223. 30 Section 5: Scope of Work

Approx. Current Database size 2,545 GB

Could you please clarify whether this database size is only CTD data or does it also include data from other departmental systems or external sources (Excise, Customs, GSTN, Income Tax etc.)? Any more information on external data sources data available in this database could be of great help.

No. it is only for VATIS and latest size of VATIS database is Approx. 5 TB

224. 37 SCTION V: SCOPE OF WORK Data Analysis: Please confirm if data related to

hawala dealers / fun flow information from banks etc. is already available with the CTD department?

Successful bidder is expected to study department data in detail during project.

Functional Requirements:

The system shall have capability to obtain data from banks for identification of true Fund flow information. This data can be a pointer for identification of hawala dealers.

225. 38 SCTION V: SCOPE OF WORK

Could you please give some more information on central repository To be recommended

by bidder




GIL/CCT

Functional Requirements:

System shall be able to load information to enable comparison and validation with central repository data

data? Where does this repository reside? It’s Size (Volume) and current set of activities that involve access of central repository data.

226. 42 Data Reporting: 5. Refund

Number of refund applications received by region, by period, by Commodity

You are requested to provide information pertaining to existing refunds procedure followed by CTD. Do we have information on ‘refund applications’, ‘refund audits’, ‘refunds granted’, ‘refunds pending’, ‘claims processed’ etc. in database? Or is this information available in hard copy format?

Successful bidder is expected to study department data in detail during project.

Number of refund audits conducted by region, by period, by commodity Number of refund applications disposed by region, by period, by commodity Number of refunds granted during a particular period across types of dealers Number of refunds pending and reasons for pendency during a particular period across types of dealers and across regions

227.

58

SECTION VI: Technical Requirements Compliance

Extract / Transform / Load – Data Integration (ETL):

You are requested to qualify this clause. Could you give an example of dynamic user defined validation rule on the basis of which data profiling is to be done? Also, an example of user defined ‘Events’ to trigger alerts.

To be read as provided in RFP. Bidders expected to have some reasonable understanding of commercial tax domain and practices

System shall facilitate data profiling based on dynamic, user defined validation rules and support identification of user defined ‘events’ to trigger alerts (through email reports) to authorities


System shall support correction logic for Indian names, addresses, phone numbers, pan numbers, passport number and other identification proof documents and demographic details.

We would like to clarify that, the system can only highlight (in terms of data quality findings), any ambiguities in terms of format/structure or spellings, Indian names, addresses, phone numbers, pan numbers, passport number. Any changes to the current customer





GIL/CCT

demographics can only be made on the consent of the department.

229.

71

SECTION VI: Technical Requirements Compliance.

System shall enable tracking a dealer post audit, it is required to earmark

It is understood that the post audit information is collected by department and stored in database. Any additional information on this would be helpful.

Successful Bidder will get opportunity to study department data in detail . Bidder expected to have some reasonable understanding of commercial tax domain and commercial tax audit practices

such dealer profiles in the system and to generate reports for That dealer and his associated dealers (suppliers and customers).

230.

72


Text Mining: It is requested that you clarify this technical requirement.

To be read as provided.

The analysis should work on NLP technology Formalized and machine]verifiable description of the service parameters and its response formats (e.g. WSDL)

231.

73


Should support clustering (the automated discovery of categorical divisions of a document collection without a set of pre‐defined labels)

It is requested that you clarify this technical requirement.

Department requires capabilities to identify similar and key entities such as goods / commodities, manufacturing trading etc. from text or unstructured data in commercial tax domain

232.

73


Should support clustering (the automated discovery of categorical divisions of a document collection without a set of pre‐defined labels)

It is requested that you clarify this technical requirement.

Department requires capabilities to identify similar and key entities such as goods / commodities, manufacturing




GIL/CCT

trading etc. from text or unstructured data in commercial tax domain.

233.

16 Clause 6.2 Patent Rights, Copy Right

Add the following in the end of the para, "Notwithstanding the above, it is agreed that nothing contained herein above shall be applicable to Consultant's pre-existing materials and working papers (i.e Materials owned by the Consultant which were created and developed prior to this Agreement without direct reference to the deliverables under this Agreement) which may now be incorporated by the Consultant into the final deliverables/reports or the like, supplied to the Client hereunder in the course of delivering the Services pursuant to this Agreement. However, in the event any such pre-existing material is used in the deliverables/reports provided to the Client by the Consultant, the Consultant hereby agrees to grant the Client an irrevocable, non-transferable, non-exclusive, paid-up, royalty free and perpetual license to use such pre-existing material as it exists in the deliverable/ reports prepared by the Consultant as a part of this Agreement."


234.

18 Clause 8.2.1 on Application Security Audit

Add the following in the end of the para, "The audit conducted shall be restricted to the physical files of this Agreement only and shall be subject to client agreeing to maintain





GIL/CCT

confidentiality of these documents. If any third parties are employed by the client to conduct audit, client shall ensure that such third parties are not be a competitor of EY and shall agree to confidential obligations with EY. Further the right to audit shall be available to the client during the period of this Agreement alone.”

235.

24 Clause 30.1 on Resolution of Disputes

Replace the clause with, “The Sole Arbitrator to be appointed as per mutual agreement between the parties or in case the parties fail to mutually agree in that case the arbitrator should be appointed in terms of Arbitration and Conciliation Act 1996.”


236.

Addition of Clause

Report: Any information, advice, recommendations or other content of any reports, presentations or other communications we provide under this Agreement (“Reports”), other than Client Information, are for Client's internal use only (consistent with the purpose of the particular Services) including Client's board of directors, its audit committee, or its statutory auditors and not for disclosure externally outside your organization. Client may not rely on any draft Report and EY shall not be required to update its Final Report.


237.

Addition of Clause

Termination: Either Party may terminate this Agreement immediately by giving notice to the other party. Upon termination EY shall be entitled to receive payments





GIL/CCT

of the Services performed, work in progress and expenses incurred by it, till the date of such termination.

238.

8 6

For OEM: “The Proposed BI Tools ‐ COTS shall be supplied by the OEM and successfully installed and configured by themselves or through any of their channel partner(s) in three different Organizations with similar scope and complexity of CCT. It should have adequate facilities and arrangement for support of solution for a period of at least three years.

Please limit the customer reference to only one organization wherein the OEM or its channel partner(s) have supplied similar 'Bill of Materials' / BI Tools as will be proposed to this specific GCT project. No Change. As per

RFP

239.

Many

Multiple references in the document mentioning 'OLAP Cubes is talked about a storage'

We propose R-OLAP as a technology which meets all the requirements. As not limiting to only OLAP Cubes will keep this tender open for all players

Please refer item no. 3 of General ‐ Integrated Solution under SECTION VI: Technical Requirements Compliance wherein, it is mentioned that “OLAP cubes or similar” so it is not limiting up to OLAP Cubes.

240.

58

The tool should have the ability to disable and enable nodes and submit flows in any state.

This point can be removed to keep this tender open for all players

This is a functional requirement. In case, the particular tool doesn’t have the facility as asked, it may be configured accordingly to satisfy the functional need.

241. 70

The reporting Solution should provide a clear explanation of forecasting results

Please provide more clarification on this point and if required remove this

This is a functional requirement. In case,




GIL/CCT

by providing “What does it mean” capabilities

point to keep this tender open for all players

the particular tool doesn’t have the facility as asked, it may be configured accordingly to satisfy the functional need.

242.

4 31

Analytics based infrastructure to identify Risky dealers

Clarification: In the historical dataset, are there some riskly dealers already identified? The modelling will then help arrive at rules and factors that make dealers risky.

Identification of risky dealers is one of the goals of the department. Bidder is expected to have and demonstrate sufficient analytical knowledge to determine risk for a dealer

243.

2 33

Data Mining: System shall compute a rating related to revenue reliability (risk rating) of the dealer based on registration information

Is the risk rating of the dealer already captured?

Bidder is expected to demonstrate understanding of risk parameters governing a dealer in commercial tax scenario

244.

33

System shall allow GCT to perform analysis of zero filers and cross check / correlate zero filer information and external sources of data

What are the external sources of data? Will be discussed

during requirements stage

245.

63

The system should be capable of calculating relationships among dealers with a known risky / suspicious entity, thus enabling risk by association.

Can you elaborate the scope of 'calculating relationships'?

Bidder is expected to demonstrate understanding of commercial tax dealer relationships from perspectives of ownership, transactions (vendor/ suppliers) and other




GIL/CCT

appropriate characteristics

246. Pg. 13, Cl. 29B4:D17

29 Signing of Contract 29.1 At the same time as CCT notifies the successful Bidder that its bid has been accepted, CCT will send the bidder the Contract Form, incorporating all the agreements between two parties. 29.2 Within 15 days of receipt of the Contract Form, the successful bidder shall sign and date the contract and return it to CCT.

Bidder requests to modify this clause to state that the selected Bidder and GIC will enter into a mutually agreed contract and statement of work ("SoW") within 15 days of issues of letter of award to the bidder or such extended time period as agreed by the parties.


247. Pg. 9, Cl. 13.5.2

13.5 The EMD may be forfeited: 13.5.2 Or in case of a successful Bidder, if the Bidder fails to sign the Contract; or to furnish the performance security.

Bidder requests to modify the clause as below: 13.5 The EMD may be forfeited: 13.5.2 Or in case of a successful Bidder, if the Bidder fails to sign the mutually agreed Contract; or to furnish the performance security.


248. Pg. 25, Cl. 34 (GCC)

34 Binding Clause 34.1 All decisions taken by GIL regarding the processing of this tender and award of contract shall be final and binding on all parties concerned.

Bidder request to for deletion of this clause and relax the tender terms to allow critical deviations that will form integral part of Bidder's proposal. The contract will be mutually discussed and agreed with the selected bidder.


249. Pg. 14, Pg. 32

32 Interpretation of the clauses in the Tender Document / Contract Document 32.1 In case of any ambiguity in the interpretation of any of the clauses in Bid Document or the Contract Document, GIL’s interpretation of the clauses shall be final and binding on all parties.

Bidder request for deletion of the adjacent clause as any dispute on interpretation should be resolved amicably through mutual agreement, failing to reach such mutual agreement parties can refer to dispute resolution process.





GIL/CCT

250. Pg. 13, Cl. 30 Pg. 17, CL. 7 (GCC)

30 Performance Security 30.1 Within 15 days of the receipt of notification of award from CCT, the successful bidder shall furnish the performance security in accordance with the Conditions of the Contract, in the performance security Form provided in the bidding documents or in another form acceptable to CCT/GIL.. 30.2 Failure of the successful Bidder to comply with the requirement of the ITB Clause 29 & 30 or ITB Clause 31 can constitute sufficient grounds for the annulment of the award and forfeiture of the bid security in which event CCT may make the award to the next lowest evaluated bidder or call for new bids in consultation with GIL. 7 Performance Security

Bidder seeks to modify the clause to state that PBG will be provided within 15 days from the date of contract execution and to be valid only for contract duration (PBG will be renewed annually). Further, Bidder requests that Client shall invoke the PBG /EMD only on occurrence of material breach that remains uncured even after expiry of 30 days cure period.

No Change. As per RFP and Govt. Resolution.

251. Pg. 24, Cl. 30 (GCC)

30 Resolution of Disputes 30.1 In this regard CCT doesn’t go for any arbitration on dispute and CCT’s decision will be final and binding on the service provider.

Bidder request to replace with a clause that state that in case of any dispute the parties will amicably try to resolve the same. If the dispute is not resolved amicably within 30 days from date of dispute report then the parties shall seek dispute resolution in accordance with Arbitration and Conciliation Act, 1996 through a mutually appointed Arbitrator.


252. Pg. 16, Cl. 6

Patent Rights, Copy Right 6.1 The total service provider shall indemnify CCT/Gujarat Informatics Ltd against all third‐party claims of infringement of copyright, patent, trademark or industrial design rights

There are multiple indemnity clauses in the RFP, some of which are not even relevant to the context of work being provided by Bidder. Hence, we request to replace these clauses as below:





GIL/CCT

Pg. 22, 23 Cl. 23.2, 24 (GCC)

arising from use of the Goods or any part thereof in India. 23.2 The service provider will abide by the job safety measures prevalent in India and will free CCT from all demands or responsibilities arising from accidents or loss of life the cause of which is the service provider’s negligence. The service provider will pay all indemnities arising from such incidents and will not hold CCT responsible or obligated. 23.3 The service provider is responsible for managing the activities of its personnel or sub‐contracted personnel and will hold himself responsible for any misdemeanors. 24 Patent Rights 24.1 In the event of any claim asserted by a third party of infringement of copyright, patent, trademark or industrial design rights arising from the use of the Goods or any part thereof in CCT, the service provider shall act expeditiously to extinguish such claim. If the service provider fails to comply and CCT is required to pay compensation to a third party resulting from such infringement, the service provider shall be responsible for the compensation including all expenses, court costs and lawyer fees. CCT will give notice to the service provider of such claim, if it is made, without delay.

"The Indemnifying Party ("Bidder") shall defend (settle and/or pay damages awarded by the court) the Indemnified Party ("Purchaser") against any third party claims arising from the following: a. Claims for loss or damage to third party tangible property; b. claim by any person in respect of bodily injury or death; c. claims by any third party in respect of any IP infringement; brought against or recovered from Indemnified Party by reasons of any act or omission of the Indemnifying Party , his agents or employees in the performance of the contractual obligation. The indemnification by Indemnifying Party shall be subject to Indemnified Party i) notifying the Indemnifying Party promptly in writing of the claim in respect of which the indemnity applies in order to allow the Indemnifying Party the opportunity to investigate and defend the matter; ii) Purchaser shall take reasonable effort to mitigate the loss to Bidder; iii) neither party shall be liable for losses attributable to other Party. Bidder shall be liable only to the extent of actual losses suffered by Purchaser. Indemnity will be claimed and computed as per the normal rules of computation of damages under Indian laws; and iv) giving the




GIL/CCT

Indemnifying Party the right to defend and settle the claim, including any agreement relating to settlement; provided that settlement of claim shall not imposes any financial obligation on the Indemnified Party. In case of any Indemnity claim by third party related to bodily injury, death, tangible property, IPR Infringement the Indemnifying Party shall pay defense cost, settlement amount or court awarded damage.

253. Pg. 20, Cl. 16 (GCC) Pg. 22, Cl. 20 (GCC)

Bidder requests that the scope of work shall be as per the mutually agreed Statement of work and any change in scope of work will be through a mutually agreed change management process. 20 Termination for Convenience

Bidder submits that any termination under the contract shall be for material breach remaining uncured even after 30 days cure period given by customer to rectify such breach. In the event of termination under this contract the Client will be liable to pay for all products and servies provided by SI till effective date of termination. Bidder requests for deletion of the Termination for convenience right under the contract.


254. Pg. 26 , Section IV

SECTION IV: SERVICE LEVEL AGREEMENT (SLA) & PENALTY CLAUSE

Bidder requests that the overall penalty under this contract for both implemenation and post implementation phase shall be limited to 10 % of the quaterly advance amount.

As per Corrigendum

255. Pg. 19, Cl. 9

9 Change Request Orders 9.1 During the development phase, any change in scope of work, or in design and development of Decision Support

Bidder requests that the scope of work shall be as per the mutually agreed Statement of work and any change in scope of work will be





GIL/CCT

systems (DSS) or of Management Information system (MIS) shall not be construed as change Request order and instead will become part of scope of work accompanying this bid document. 9.2 CCT may, at any time, by written order given to the TSP make changes within the general scope of the Contract in any one or more of the following: 9.2.1 Designs, specifications, requirements of which software or service to be provided under the Contract are to be specifically developed / rendered for CCT;

through a mutually agreed change management process.

256. Pg. 21, Cl 18 (GCC)

18 Limitation of Liability In any case, the aggregate liability of the bidder, whatsoever and howsoever arising, whether under the contract, tort or other legal theory, shall not exceed the total charges received as per the Contract, as of the date such liability arose, from the Purchaser, with respect to the goods or services supplied under this Agreement, which gives rise to the liability.

Bidder requests to modify the clause as below: 18 Limitation of Liability In any and all cases under this contract, the aggregate liability of the bidder, whatsoever and howsoever arising, whether under the contract, tort or other legal theory, shall not exceed the total charges received as per the Contract, as of the date such liability arose, from the Purchaser, with respect to the goods or services supplied under this Agreement, which gives rise to the liability.


257. Pg. 25, Cl. 33

33 Taxes and Duties 33.1 Service providers shall be entirely responsible for all taxes, duties, license fees, octroi, road permits, etc., incurred until delivery of the contracted software / service to CCT. However, VAT/Service Tax in respect of the transaction between CCT and the service provider

Bidder submits that any change in the tax rates due to statutory changes or introduction of new tax shall be borne by GIC.

As above.




GIL/CCT

shall be payable extra, if so stipulated in the Notification of Award.

258. Pg. 53, Form 5 - Self Declaration

Until a formal contract is prepared and executed, this bid, together with your written acceptance thereof and your notification of award shall constitute a binding Contract between us.

Bidder request for deletion of this clause as the Bidder's obligation will commence only upon execution of mutually agreed contract with GIC.


259. Pg. 54, Form 5 - Self Declaration

We have not been under a declaration of ineligibility for corrupt and fraudulent practices, and / or black‐listed or debarred by any Govt. Department or it’s PSU in Gujarat Government in the past 5 years, ending on 31st December 2015. We have not imposed any condition in conflict with the tender condition if it is found it should be treated as withdrawn. We have not been convicted for any criminal cases(s) by any Govt. Department or it’s PSU in Gujarat regarding any supply and contracts with our firm/company. We have not breached/violated any contractual conditions so far to any Govt. Department or it’s PSU in Gujarat.

Bidder requests to modify the clause as below: To the best of our knowledge and as on date: We have not been under a declaration of ineligibility for corrupt and fraudulent practices, and / or black‐listed or debarred by any Govt. Department or it’s PSU in Gujarat Government in the past 5 years, ending on 31st December 2015. We have not imposed any condition in conflict with the tender condition if it is found it should be treated as withdrawn. We have not been convicted for any criminal cases(s) by any Govt. Department or it’s PSU in Gujarat regarding any supply and contracts with our firm/company. We have not breached/violated any contractual conditions so far to any Govt. Department or it’s PSU in Gujarat.

As per Corrigendum




GIL/CCT

260. Pg. 17, Cl. 8 (GCC)

8 Inspection/Testing Client shall permit its Authorized Representative or an independent Professional Organization to carry out the technical inspection of the Bidder’s products relating to verification of services within the scope of this RFP/agreement, provided that:- 1. Such 3rd party entity appointed by Client to audit shall not be Bidder’s competitor. 2. Audit rights would be restricted with sufficient notice being given in advance before such audit is carried out. 3. The audit exercise would be structured to involve least interruption to Bidder’s normal business activities. 4. Any request for information or documents during Audit excludes the Bidder’s confidential information such as (i) Bidder’s internal costing models, profit margins or overheads (ii) any confidential information relating to the Bidder’s products or employees, or (iii) such other information of commercial-in-confidence nature which are not relevant to the Services. 5. Such Audit Rights will be valid only till the expiration / termination of this Agreement.


261. PgI. 9, 17, Cl. 11.4.5, 6.2, 6.3

11.4.5 The full IPR for the entire customized solution will rest with the CCT. The same would be applicable to copyrights. The TSP shall sign any/all

Bidder requests to modify the IPR clauses as below: • Purchaser and Supplier retains all rights to its respective pre-existing





GIL/CCT

-Intellectual Property Rights Clause

the documents in this regard and hand over the source code, Meta data details etc. to the CCT before release of final payment on completion of training and implementation of solution. 6.2 When the TSP will develop any customized solution for CCT as part of project, then the copyright/IPR of that customized solution will be with the Gujarat Informatics Ltd/CCT. The bidder cannot sell or use (fully / partly) that software for his other customers without written consent from Government of Gujarat. 6.3 While passing on the rights (license) of using any customized solution, the TSP shall ensure that such rights are inclusive of the use of that Solution to customization as per requirement of CCT.

intellectual property. Any IPR developed by Supplier in connection with the agreement will vest in Supplier; and • If deliverables are created by the Bidder specifically for the Customer and identified as such in the scope of work, the Bidder hereby grants the Customer a worldwide, non-exclusive, fully paid, royalty-free license to reproduce and use copies of the deliverables internally.

262. Product Separation Clause

NEW The acceptance criteria or procedures for Deliverables set forth in this Agreement and as particularly described in any SOW will only apply to the Services provided herein. It will not apply to any product the Bidder may supply or has supplied to Customer, regardless of whether such products can be used in connection with the Services or Deliverables. Any refund/return or penalty rights as set forth hereon apply only to the Services provided.


263. Products and Deliver

NEW All products (hardware and software) will be accepted on delivery.





GIL/CCT

ables Acceptance

Bidder will provide notice to Customer when the Deliverables are ready for acceptance. Acceptance of Deliverables will occur upon the date the Bidder demonstrates to Customer, by the successful completion of acceptance tests that the Deliverables substantially conform to the acceptance criteria as agreed between Customer and Bidder and mentioned in the SOWs attached. Acceptance will not be delayed for any reason(s) other than non-conformance with the requirements specified in the terms of the Agreement and SOW. The acceptance test results will be declared by Customer within a maximum of 7 (seven) days from the completion of acceptance tests. In case the 7 (seven) days period after completion of acceptance tests has elapsed without the acceptance test results being declared, then the system or the portion thereof, subject to acceptance testing would be deemed accepted. If Customer fails to give Bidder written notice of non-conformance within the 7 (seven) day period or, prior to expiry of the 7 (seven) day period, uses the system or any part thereof supplied by the Bidder for productive use (other than testing purposes), it will be deemed accepted. In the event that any Deliverable fails to confirm to the agreed acceptance criteria, Bidder will have a reasonable time to remedy




GIL/CCT

such non-conformance by either repair or replacement of the Deliverable, following Bidder's receipt of written notice from Customer specifying in reasonable detail the nature of such non-conformance.

264.

14

14 Period of Validity Bids 14.1 Bids shall be valid for 180 days after the date of bid opening prescribed by GIL. A Bid valid for a shorter period shall be rejected by GIL as nonresponsive.

Bidder submits that the Bids shall be valid for a period of 180 days from the date of submission, as we request that the validity of the bids shall be linked to a definitive date rather than opening of bids which may get postponed for various reqsons


265.

15 (GCC)

15 Delays in the supplier / service provider’s Performance 15.2 If any time during performance of the Contract, the service provider should encounter conditions impeding timely delivery of the Goods and performance of Services, the service provider shall promptly notify CCT in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the service provider’s notice, CCT shall evaluate the situation and may, at its discretion, extend the service provider’s time for performance with or without a penalty, in which case the extension shall be ratified by the parties by amendment of the Contract. Any such extension of time limit, even if it is due to unforeseen circumstances beyond control of both the SP and CCT, shall be at no extra cost to CCT.

Bidder submits that where the delay is due to reasons not attributable to the Bidder and/or not under the control of Bidder, then any extension of time shall not result in levy of penalties on the Bidder





GIL/CCT

266.

33 (GCC)

33 Taxes and Duties 33.1 Service providers shall be entirely responsible for all taxes, duties, license fees, octroi, road permits, etc., incurred until delivery of the contracted software / service to CCT. However, VAT/Service Tax in respect of the transaction between CCT and the service provider shall be payable extra, if so stipulated in the Notification of Award.

Bidder submits that any changes to the rates of taxes and duties or introduction of new taxes and duties the corresponding increase or decrease in tax and or duty shall be passed on to the customer

As above.

267.Section IV SLA 1.1.1 Implementation related penalty of

service levels

Bidder submits that the maximum penalty for the Implementation delays shall be limited to 10% of the Total Implementation Cost

As per Corrigendum

268.Section IV SLA 1.1.2 Operational Related Penalty

Bidder submits that the maximum penalty for the default of Support SLAs shall be 10% of the respective quarterly payments

As per Corrigendum

269.

Page no: 06. Pt no 8.

SECTION II: INSTRUCTIONS TO BIDDERS (ITB)

The bidder shall have experience for providing end‐to‐end services including supply, design, development, customization and operation & maintenance of at least one such project of BI Tools ‐ COTS product in India. It is not necessary to have the experience of the same COTS proposed by bidder for this project.

The major expert organizations in the field and the usual requirements in BI Domain are mostly in Design, development and customization of the COTS solution and not trade in the OEM Licenses. Also usually Operations and Maintenance work orders are processed separately by users hence we request you to modify the clause to : "The bidder shall have experience for providing end‐to‐end services including design, development, customization or operation & maintenance of at least one such project of BI Tools ‐ COTS product in India. It is not necessary to have the experience of the same COTS proposed by bidder for this project."





GIL/CCT

270.-

- - Existing App landscape volumetric (That was not there in the RFP).

Given in RFP and Corrigendum

271.-

- - Are you OK with Address standardization through a third party tool rather than a main OEM.


TENDER DOCUMENT FOR PROVIDING BUSINESS INTELLIGENCE TOOLS FOR ANALYTICS BASED TAX ADMINISTRATION AND COMPLIANCE MANAGEMENT,

COMMISSIONER OF COMMERCIAL TAX (Government of Gujarat) Tender No.:‐ SW05032016098