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STPIG/PUR/QUO/18-19/02/ Page 1 of 20 SOFTWARE TECHNOLOGY PARKS OF INDIA Ministry of Electronics & Information Technology, Govt. of India 9 th Floor, GIFT One Tower, GIFT City, Gandhinagar 382355 Phone: +91-79-66748531 / 32; Fax: +91-79-66748533 Website: www.gnr.stpi.in TENDER DOCUMENT For Hiring of Consultant/Consultancy Firm for Certification for ISO 9001:2015 and ISO 27001:2013 for STPI-Gandhinagar & Surat (STPIG/PUR/QUO/18-19/02 dated 01/03/2019) Tender Schedule Mode of Tendering e-Tender(online) on URL https://eprocure.gov.in/eprocure/ app in Two-Bid System as follows: (a) Technical Bid (b) Financial Bid EMD/BID security Rs.4,000/- (Four Thousand Rupees Only) through NEFT [Bank Details - Bank of India, GIFT City, Gandhinagar, Gujarat SB A/c - 202010100015773, IFSC Code- BKID0002121] or stpi@upi on or before bid submission closing time as mentioned in the tender document Date of Tender Publication 01/03/2019 at 15:00 Hrs. Tender Download Start Date 01/03/2019 at 15:00 Hrs. Tender Download End Date 25/03/2019 at 15:00 Hrs. Date & Time for Pre-bid meeting and Venue 11/03/2019 at 11:00 Hrs. at STPI Gandhinagar Last Date & Time of Submission of Tender 25/03/2019 at 15:00 Hrs. Date & Time for Technical Bid Opening 26/03/2019 at 15:30 Hrs. Date & Time for opening of Financial Bids TO BE CONVEYED SEPRATELY Validity of Bids 90 Days From The Date of Closing

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Page 1: TENDER DOCUMENT For Hiring of Consultant/Consultancy Firm ... · tender document/corrigendum at STPI Gandhinagar failing which offer will be liable for rejection. Bidders, however,

STPIG/PUR/QUO/18-19/02/

Page 1 of 20

SOFTWARE TECHNOLOGY PARKS OF INDIA Ministry of Electronics & Information Technology, Govt. of India

9th Floor, GIFT One Tower, GIFT City, Gandhinagar – 382355 Phone: +91-79-66748531 / 32; Fax: +91-79-66748533

Website: www.gnr.stpi.in

TENDER DOCUMENT For

Hiring of Consultant/Consultancy Firm for Certification for ISO 9001:2015 and ISO 27001:2013 for STPI-Gandhinagar & Surat

(STPIG/PUR/QUO/18-19/02 dated 01/03/2019)

Tender Schedule Mode of Tendering e-Tender(online) on URL https://eprocure.gov.in/eprocure/ app in

Two-Bid System as follows:

(a) Technical Bid

(b) Financial Bid

EMD/BID security Rs.4,000/- (Four Thousand Rupees Only) through NEFT [Bank Details - Bank of India, GIFT City, Gandhinagar, Gujarat SB A/c - 202010100015773, IFSC Code- BKID0002121] or stpi@upi on or before bid

submission closing time as mentioned in the tender document

Date of Tender Publication 01/03/2019 at 15:00 Hrs.

Tender Download Start Date 01/03/2019 at 15:00 Hrs.

Tender Download End Date 25/03/2019 at 15:00 Hrs.

Date & Time for Pre-bid meeting and Venue 11/03/2019 at 11:00 Hrs. at STPI Gandhinagar

Last Date & Time of Submission of Tender 25/03/2019 at 15:00 Hrs.

Date & Time for Technical Bid Opening 26/03/2019 at 15:30 Hrs.

Date & Time for opening of Financial Bids TO BE CONVEYED SEPRATELY

Validity of Bids 90 Days From The Date of Closing

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TABLE OF CONTENTS

S. No. Content Page No.

1. Notice inviting e-Tender 3

2. General terms and conditions and instructions to bidders 4-6

3. Scope of Consultant 7

4. Eligibility Criteria 8

5. Documentary Evidence to be submitted in support of eligibility 8

6. Technical Proposal Content Annexure-I 9

7. Compliance Sheet Annexure-II 10

8. ISO Certification Project work Completed Annexure-III 11

9. Financial Proposal Content Annexure-IV 12

10. Non Disclosure Agreement Annexure-V 13-16

11. Declaration for blacklisting Annexure-VI 17

12. Instruction to bidders for e-submission of Bids Annexure-VII 18-19

13. EMD forwarding Letter Annexure-VIII 20

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NOTICE INVITING e-TENDER

Software Technology Parks of India, Gandhinagar, invites RFP/Limited Tender for “Hiring of Consultant/Consultancy Firm for Certification for ISO 9001:2015 QMS and ISO 27001:2013 ISMS at STPI-Gandhinagar & Surat”. The tender document is available on our website www.gnr.stpi.in and https://eprocure.gov.in/eprocure/app from 01/03/2019 at 15:00 Hrs. onwards. Intending bidders may download the complete tender document from the website www.gnr.stpi.in/ and https://eprocure.gov.in. Corrigendum/addendum, if any, will be published

only in the referred websites and separate communication will not be sent for the same. Bidder are therefore, requested to visit the referred websites regularly to keep themselves updated. Last Date and Time for submission of Tender is 25/03/2019 at 15:00 Hrs.

Dikson J. Christian (Admin. Officer)

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1. GENERAL TERMS AND CONDITIONS AND INSTRUCTIONS TO BIDDERS STPI-Gandhinagar invites bids for “Hiring of Consultant/Consultancy Firm for Certification for ISO 9001:2015 QMS and ISO 27001:2013 ISMS at STPI-Gandhinagar & Surat” on the following terms and conditions :

i. The bid document can be downloaded from our website URL: www.gnr.stpi.in & http://eprocure.gov.in/cppp/

ii. The bid should be submitted ONLINE along with all the supporting documents & Annexures.

iii. Each page of bid document must be signed and stamped by authorized signatory to ensure the compliance with the scope & services and general terms and conditions. No overwriting, corrections and cutting is permitted.

iv. Bid validity should be 90 days from the specified date of closing.

v. Bids once submitted shall not allow being withdrawn. Any default after acceptance of bid shall be deemed to be non compliance to the terms of contract.

vi. Compliance Statement: The bidder should quote strictly as per the tender specification. A Statement of Compliance shall be given against each item in the prescribed format given in Annexure-II. The compliance statements should be supported by authentic documents. Each page of the bid and cuttings / corrections if any shall be duly signed by the authorized signatory. Failure to comply with this requirement may result in the bid being rejected.

vii. The rates should be quoted in Indian Rupees, for the entire work to be done at site, BOTH IN FIGURES & WORDS. All the quoted prices shall be fixed and shall not be subject to escalation of any description during the bid validity period.

viii. In case of any discrepancy between rates mentioned in figures and words, the latter shall prevail. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected.

ix. STPI-Gandhinagar reserves the right to accept / reject the offers or cancel the whole tender proceedings without assigning any reason whatsoever. Offers through Email / Fax, etc and open offers shall not be accepted. Late / Delayed offers shall not be accepted under any circumstances. Incomplete offers will be rejected. In case the specified date for the submission of offers being a holiday or declared holiday for STPI, the bid-closing deadline shall stand extended to the next working day up to the same time.

x. Disclaimer: This Tender / Request for Proposal (RFP) is not an offer by STPI-Gandhinagar, but an invitation for bidder’s response. No contractual obligation whatsoever shall arise from the RFP process.

xi. Price Basis: Price quoted should be in the prescribed format as per Annexure - IV.

xii. Billing is to be done in the name of Software Technology Parks of India (STPI), 9th Floor, GIFT One Tower, Block-56, Road-5C, Zone-5, GIFT City, Gandhinagar - 382 355. The payment would be on the basis of the actual bill of supplied, duly certified by our authorized representative at STPI-Gandhinagar.

xiii. Award Criteria: STPI will award the contract to the successful Bidder whose bid would be determined to be substantially responsive, technically complied and determined as the

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best evaluated bid in terms of lowest rates. The lowest rates (L1) will be evaluated as per the “Grand Total” of the Price Bid Form in Annexure-IV.

xiv. Payment Terms: 1. After completion of QMS & ISMS documentation: 30% payment 2. After completion of Training and Internal Audit: 20% payment 3. After completion of certification process / 3rd party surveillance: 50% payment (However, the payments should be inclusive of all taxes at each mile stone and subject to TDS as per Income Tax Act and GST Act)

xv. Job Completion period will be 10 weeks. xvi. Earnest Money Deposit (EMD)

(a) Earnest Money of Rs 4,000/- (Rupees Four Thousand only) should be deposited through NEFT. The Bank details of STPI is as below for the purpose of NEFT: A/c. Name: Software Technology Parks of India

Bank Name: Bank of India, GIFT City Branch

A/c. No.: 202010100015773

IFSC Code: BKID0002121 EMD must be submitted on or before bid submission closing time as mentioned in the tender document/corrigendum at STPI Gandhinagar failing which offer will be liable for rejection. Bidders, however, have to attach scanned copies of Earnest Money Deposit in Technical Bid while submitting the bids online. Bids submitted without EMD will stand rejected. EMD will not be accepted in the form of cash /cheque. (b) EMD of the successful bidder will be retained as security deposit and refunded to successful bidder along with release of payment of last quarter. The EMD will be returned to all unsuccessful bidders after finalization of tender and bears no interest. (c) The successful bidder, on award of contract / order, must send the contract/order acceptance in writing, within 7 days of award of contract/order, failing which the EMD will be forfeited. (d) The EMD shall be forfeited, if the bidder withdraws the bid during the period of bid validity specified in the tender. (e) The bidders those who have registered with NSIC shall be exempted for submission of EMD. However, the bidder shall submit the valid NSIC registration certificate for availing such exemptions. Copy of the valid NSIC certificate should be submitted along with the tender document in Technical Bid through online mode only, failing which offer may be liable for rejection of the bids.

xvii. Forfeiture of EMD /Security deposits: (a) If the successful bidder refuse/fails to accept purchase/work order within Seven days, (b) If the Bidder withdraws tender before/after finalization of the tender. (c) If the successful bidder abandons the contract (d) If the contract is terminated by STPI due to poor performance/variation of any clause of agreement or any bad act of selected bidder

xviii. Rejection of the bid: The bidder is expected to examine all instructions, formats, terms & Conditions & scope of work in the bid document. Failure to furnish all information required as per bid document or submission of bid which is not substantially responsive to the bid document in every respect may result in rejection of bid. In respect of interpretation/clarification of this bid document and in respect of any matter relating to this bid document, the decision of STPI-Gandhinagar will be final.

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xix. Termination by default:

a) STPI reserves the right to terminate the agreement at its discretion at any time without assigning any reason, thereof.

b) The STPI Gandhinagar may, without prejudice to any other remedy for breach of contract, by written notice of default sent to bidder, terminate the Contract in whole or part:

i. If the Bidder fails to provide services within the time period specified in the contract or any extension thereof granted by the STPI Gandhinagar.

ii. If the Bidder fails to perform any other obligations under the Contract.

xx. Blacklisting: Company/Firm blacklisted by Govt./PSU/Corporate organization are not eligible to Bid. If at any stage of bidding process or during the currency of contract, such information comes to knowledge of STPI, the STPI shall have right to reject the bid and forfeit the performance security or terminate the contract, as the case may be, without any compensation to the bidder.

xxi. Force Majeure: If at any time during the currency of the contract, either party is subject to force majeure, which can be termed as civil disturbance, riots, strikes, tempest, acts of God etc. which may prevent either party to discharge the obligation, the affected party shall promptly notify the other party about the happening of such an event. Neither party shall by reason of such event be entitled to terminate the contract in respect of such performance of their obligations. The obligations under the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. The performance of any obligations under the contract shall be resumed as soon as practicable after the event has come to an end or ceased to exist. If the performance of any obligation under the contract is prevented or delayed by reason of the event beyond a period mutually agreed to, if any, or seven days, whichever is more; either party may at its option terminate the contract.

xxii. Jurisdiction of Court: The courts at Gandhinagar shall have the exclusive jurisdiction to try all disputes, if any, arising out of this agreement between the parties.

xxiii. Dispute Resolution: (a) Any dispute and or difference arising out of or relating to this contract will be resolved through joint discussion of the authorities’ representatives of the concerned parties. However, if the disputes are not resolved by joint discussions, then the matter will be referred for adjudication to a sole Arbitrator appointed by the DIRECTOR, GANDHINAGAR. (b) The award of the sole Arbitrator shall be final and binding on all the parties. The arbitration proceeding’s shall be governed by Indian Arbitration and Conciliation Act 1996 as amended from time to time. (c) The cost of Arbitration shall be borne by the respective parties in equal proportions. During the pendency of the arbitration proceeding and currency of contract, neither party shall be entitled to suspend the work/service to which the dispute relates on account of the arbitration and payment to the contractor shall continue to be made in terms of the contract. Arbitration proceedings will be held at Gandhinagar only.

_________________________

Signature & Seal of the Bidder

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2. SCOPE OF CONSULTANT

To make STPI Gandhinagar & Surat Ready (in all terms) for QMS and ISMS Certifications to following standards:- ISO 9001:2015 Quality Management System ISO 27001:2013 Information Security Management System Details of services to be provided relating to the above standards

Sl. No. Activity

1 Prepare ISO related documents Including manuals, procedures, work instructions, checklists and formats in line with STPI by Laws & other Norms.

2 Assist in complete Certification-process for ISO 9001:2015 and ISO 27001:2013. Any issues till the certification is received should be rectified by the consultant for seamless certification process.

3 Assist in preparation of Tender document for selection of certification body.

4 Prepare the QMS documents as per ISO 9001:2015 guidelines and ISMS documents as per ISO 27001:2013 guidelines. Implement Quality Management System based on the requirements of ISO 9001:2015 and an Information Security Management System based on the requirements of ISO 27001:2013.

5 Training of all core personnel involved with Quality management system and Information Security Management System, training of internal auditors, emphasizing auditing concepts, audit question development, audit report development, audit report preparation and other required topics for training the staff.

6 Perform an internal audit before the commencement of external certification audit for ISO 9001:2015 and ISO 27001:2013.

7 Establish suitable methods to evaluate Processed data for continual improvement of Information Security Management System and Quality Management System.

8 The bidder consultant may be required to visit sub-centre at Surat on their own cost.

_________________________

Signature & Seal of the Bidder

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3. ELIGIBILITY CRITERIA

The engaged consultant / consultancy firm should have extensive and proven mix of skill and expertise in the field of ISO 9001:2015 and ISO 27001:2013 certification. Previous experience of similar work is essential. The consultant must meet the following minimum criteria:-

a) The bidder should be a registered company under Companies Act, 1956 /Proprietor/Partnership / Pvt Ltd (Copy of PAN/TIN/ST registration/VAT/ROC etc).

b) It is desirable that Bidder should have executed minimum two (2 nos.) ISO 9001 and ISO 27001 work order each i.e 2 WO for ISO9001 and 2 WO for ISO-27001 and out of these 4 at least one in the Government / PSU sector / limited company. (Provide details in the Annexure C prescribed).

c) The Consultant should have a minimum of 3 years of professional experience in ISO 9000 and ISO 27001 consulting.

4. DOCUMENTARY EVIDENCE TO BE SUBMITTED TO SUPPORT ELIGIBILITY

a) Contract/work orders indicating the details of assignment, client, value of assignment,

date and year of award. b) Relevant Detailed resume of consultant/(s) indicating the details of qualifications and

professional experience. c) Completion certificates of previous projects undertaken (Desirable). In case the

organization is not able to submit completion certificates a declaration from the company w.r.t similar work done/in process should be submitted. Submission of complete contact details (Telephone no, address, organization name) of the contact person where the work has been done is mandatory.

d) Day-wise activity plan for the given scope (The above documents should appropriately be earmarked or flagged to facilitate quick Identification and scrutiny)

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ANNEXURE-I

TECHNICAL PROPOSAL CONTENT Technical Proposal should be prepared considering the Terms of Reference, Detailed Approach & Methodology, Activity Schedule & Deliverables, Time period and any other information to highlight the capability of the consultant. Technical Proposal must include: a) Brief description about the Consultant/Consultancy firm. b) Consultants’ experience: In addition to overall experience of the consultant, details of specific consultancy projects/studies undertaken may be provided including Assignment /project name, description of services provided, Value of assignment, country & location, duration of assignment, name of client, starting & completion dates, names of associates (other than employees), if any. Consultancy experience of helping government departments /PSUs / limited company obtain ISO 9001:2015 may be specifically mentioned. c) Approach d) Methodology e) Work Plan and Schedule f) Team size g) Detailed Resume of consultant h) PAN Card of consultant/consulting firm i) Tax registration of consultant/consulting firm

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ANNEXURE-II Compliance Sheet

S. No. Activity Compliance

(Indicate Yes/No) 1 Prepare ISO related documents Including manuals, procedures, work

instructions, checklists and formats in line with STPI by Laws & other Norms.

2 Assist in complete Certification-process for ISO 9001:2015 and ISO 27001:2013. Any issues till the certification is received should be rectified by the consultant for seamless certification process.

3 Assist in preparation of Tender document for selection of certification body.

4 Prepare the QMS documents as per ISO 9001:2015 guidelines and ISMS documents as per ISO 27001:2013 guidelines. Implement Quality Management System based on the requirements of ISO 9001:2015 and an Information Security Management System based on the requirements of ISO 27001:2013.

5 Training of all core personnel involved with Quality management system and Information Security Management System, training of internal auditors, emphasizing auditing concepts, audit question development, audit report development, audit report preparation and other required topics for training the staff.

6 Perform an internal audit before the commencement of external certification audit for ISO 9001:2015 and ISO 27001:2013.

7 Establish suitable methods to evaluate Processed data for continual improvement of Information Security Management System and Quality Management System.

8 The bidder consultant may be required to visit sub-centre at Surat on their own cost.

Compliance Sheet for documents submission:

S. No. Document/Detail Submitted (Indicate Yes/No) Specify page no

1 Duly signed Tender copy

2 Brief description about the Consultant

3 Consultants’ experience details

4 Approach, Methodology, work plan and schedule

5 Annexure III

6 Team size (Please Specify Number)

7 Detailed Resume of consultant (duly signed by bidder)

8 PAN Card of consultant/consulting firm Tax registration of consultant/consulting firm

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ANNEXURE-III

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ANNEXURE-IV

FINANCIAL PROPOSAL CONTENT Financial proposal (In Indian Rupees) should be in the form of a lump sum amount inclusive of all taxes for the entire Scope of Services. The lump sum quote should be inclusive of all expenses which the consultant may incur while executing the assignment including Training, training material, Travel, Boarding & Lodging (Gandhinagar & Surat) etc. as required.

Total cost of Certification for ISO 9001:2015 (QMS) & ISO 27001:2013 (ISMS)

Rate in Rate (A) ( in INR) Taxes if any (B)

Percentage of Tax (Mention Reg. No)

Total Amount

(A+B)

Figures

Words

We hereby undertake to accept all the terms and conditions of the tender and confirm our validity, the quotation with the terms and conditions of the tender document (No. STPIG/PUR/QUO/18-19/02 dated 01/03/2019).

_________________________

Signature & Seal of the Bidder

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ANNEXURE-V

Non-Disclosure Agreement

THIS AGREEMENT is valid till one year from the date of work order, and is made by and between SOFTWARE TECHNOLOGY PARKS OF INDIA, a Autonomous Society under Ministry of Electronics & Information Technology, Govt. of India herein referred to as ‘DISCLOSING PARTY’ whose address is 9th Floor, GIFT One Tower, GIFT City, Gandhinagar – 382355 (Gujarat), India, and M/s. …………………………………....Address......................................................... ....................................................................................................................................................... Both the parties shall mean and include their successors at Office from time to time, legal representatives, administrators, executors and assigns, etc. This agreement shall govern the conditions of disclosure by disclosing party to Recipient of certain confidential and proprietary information that is oral, written, or in computer file format. Examples of Confidential Information include the identities of companies, consultants and other service providers used by disclosing party, both foreign and domestic, in connection with disclosing party’s business, supplier lists, supplier information, computer databases containing customer, product and vendor information, designs, drawings, specifications, techniques, models, documentation, diagrams, flow charts, research and development process and procedures, ‘know-how’, new product or new technology information, financial, marketing and sales information and projections, product pricing, profitability, marketing techniques and materials, marketing timetables, strategies and development plans, trade names and trademarks not yet disclosed to the public, business methods and trade secrets, and personnel information. 1. Purpose of Disclosure. Disclosing party is disclosing the Confidential Information to Recipient in order for Recipient to evaluate the possibility of using disclosing party’s services like Call Centers/Contact Centers Projects, Business Process Outsourcing covering all different kind of Verticals, Information Technology Services, Back and Transaction Processing Services, Business Analysis, Business Process Re-engineering, Data Analysis, Quality Analysis and the Statutory & Datacom services etc. 2. Confidentiality Obligations of Recipient. Recipient hereby agrees:

(a) Recipient will hold the Confidential Information in complete confidence and not to disclose the Confidential Information to any other person or entity, or otherwise transfer, publish, reveal, or permit access to the Confidential Information without the express prior written consent of Disclosing Party.

(b) Recipient will not copy, photograph, modify, disassemble, reverse engineer, decompile, or in any other manner reproduce the Confidential Information without the express prior written consent of disclosing party. If any Confidential Information is delivered to Recipient in physical form, such as data files or hard copies, recipient will return the Confidential Information, together with any copies thereof, promptly after the purpose for which they were furnished has been accomplished, or upon the request of disclosing party. In addition upon request off disclosing party in

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writing/email Recipient will destroy materials prepared by Recipient that contain Confidential Information.

(c) Recipient shall use Confidential Information only for the purpose of evaluating Recipient’s interest in using disclosing party’s services, and for no other purpose. Without limiting the generality of the previous sentence, Recipient specifically agrees not to sell, rent, or otherwise disclose any of disclosing party’s Confidential Information either in full or part to any competitor of disclosing party, nor will Recipient use the Confidential Information to directly or indirectly contact or contract with any of disclosing party’s employees, vendors, contractors and agents who carry out or otherwise fulfil the services on behalf of disclosing party (its ‘Affiliates’). Recipient shall promptly notify disclosing party of any disclosure or use of Confidential Information in violation of this Agreement for which disclosing party shall indemnify the Recipient for that part.

3. Exclusions. None of the following shall be considered to be ‘Confidential Information’:

(a) Information which was in the lawful and unrestricted possession of Recipient prior to its disclosure by disclosing party;

(b) Information which is readily ascertainable from sources of information freely/easily available in the general public;

(c) Information which is obtained by Recipient from a third party who did not derive such information from disclosing party.

4. Remedies. Recipient acknowledges that disclosing party’s Confidential Information has been developed or obtained by the investment of significant time, effort and expense and provides disclosing party with a significant competitive advantage in its business, and that if Recipient breaches its obligations hereunder, disclosing party will suffer immediate, irreparable harm for which monetary damages will provide inadequate compensation. Accordingly, the disclosing party will be entitled, in addition to any other remedies available at law in equity, to injunctive relief to specifically enforce the terms of this Agreement. Recipient agrees to indemnify disclosing party against any losses sustained by disclosing party, including reasonable attorney’s fees, by reason of the breach of any provision of this Agreement by Recipient. Recipient further acknowledges that disclosing party’s business would be severely hurt if Recipient were to directly contract with its Affiliates without the participation of disclosing party. Therefore, if Recipient directly or indirectly contracts with any of disclosing party’s Affiliates whose identity and/or particulars are disclosed to Recipient pursuant to this Agreement (Except Affiliates with whom Recipient had a demonstrable prior existing business relationship). In the event of circumvention, by the Recipient whether directly or indirectly, the disclosing party shall be entitled to a legal monetary penalty award, equal to the maximum consulting service/consulting fee, commission/profit originally expected or contemplated to be realized from such transaction(s). This payment levied against and paid immediately by the party engaged in circumvention and also in addition includes all legal expenses in the recovery of these funds if collected through legal action by either party. This penalty shall not apply when the alleged Circumventure does not result in a

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transaction being concluded. The parties acknowledge it would be extremely difficult or impossible to accurately it would be extremely difficult or impossible to accurately fix the actual damages that disclosing party would suffer in the event of a breach of the aforementioned obligations, and that the liquidated damages provided for herein are a reasonable estimate of disclosing party’s actual damages, which shall be fixed by the arbitrator who shall also be in the same business. 5. No Rights Granted to Recipient. Recipient further acknowledges and agrees that the furnishing of Confidential Information to Recipient by disclosing party shall not constitute any grant or license to Recipient under any legal rights now or hereinafter held by disclosing party. 6. Miscellaneous Provisions:

(a) This Agreement sets forth the entire understanding and Agreement between the parties with respect to the subject matter hereof and supersedes all other oral or written representations and understanding. This Agreement may only be amended or modified by a writing signed by both parties.

(b) If any provision of the Agreement is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions will not be affected or impaired.

(c) This Agreement is binding upon the successors, assigns and legal representatives the parties hereto, and is intended to protect Confidential Information of any successors or assign of disclosing party.

(d) Each Provision of this Agreement is intended to be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or enforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability, be served, and the remaining provisions of this Agreement shall remain in effect/force.

(e) The terms and conditions governing the provision of the agreement shall be governed by and construed in accordance with laws of the union of India and shall be subject to the exclusive Jurisdiction of the courts of Gandhinagar.

(f) Any or all disputes arising out or in connection with this agreement shall so far as may be possible to settle amicably between the parties within a period of thirty days from such dispute(s) arising.

(g) However failing such amicable settlement all disputes and differences out of the construction of or concerning anything contained in or arising out of or in connection with this agreement as to the rights, duties or liabilities arising it, to the parties shall be referred to a panel of three arbitrators, for conducting Arbitration in accordance with the provisions of Arbitrations and Conciliation Act 1996.

(h) It is agreed that each party shall appoint one arbitrator and the third arbitrator from the same business.

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(i) The appointment of arbitrators shall be done within a period of three months from the date of receipt of notice from the aggrieved party requesting to refer the matter to arbitration in case amicable settlement fails.

(j) The parties shall mutually ensure and co-operate with each other in the arbitral proceedings, so that the same can be concluded and awarded within a period of six months from the date of commencement of the arbitral proceedings.

(k) The arbitral proceedings shall be conducted in English, both parties shall be bound by the award passed and delivered by the arbitral tribunal and shall not attempt to challenge the authenticity of the award, before any authority or courts or any other statutory body.

(l) The venue of arbitration shall be Gandhinagar. (m) If any litigation is brought by either party regarding the interpretation or enforcement

of this Agreement, the prevailing party will recover from the other all costs, attorney’s fees and other expenses incurred by the prevailing party from the other party.

Signed on behalf of Signed on behalf of M/s. Software Technology Parks of India M/s. ……………….................. Signature: Signature: Name: Name: Designation with seal: Designation with seal: Date: Date:

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ANNEXURE-VI

DECLARATION

I hereby certify that the information furnished above is full and correct to the

best of my/our knowledge. I understand that in case any deviation is found in

the above statement at any stage, the supplier will be blacklisted and will not be

permitted to have any dealing with the STPI-Gandhinagar in future.

____________________

Signature & Seal of the Bidder

Name & Address:

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ANNEXURE-VII

Special Instructions to the Contractors/Bidders for the e-submission of the bids online through e procurement tender site

1. Bidder should do Online Enrolment in this Portal using the option Click Here to Enroll available in the Home Page. Then the Digital Signature enrollment has to be done with the e-token, after logging into the portal. The e-token may be obtained from one of the authorized Certifying Authorities such as eMudhraCA/GNFC/IDRBT/MtnlTrustline/SafeScrpt/TCS.Bidder then logs into the portal giving user id / password chosen during enrollment. 2. The e-token that is registered should be used by the bidder and should not be misused by others. 3. DSC once mapped to an account cannot be remapped to any other account. It can only be Inactivated. 4. The Bidders can update well in advance, the documents such as certificates, purchase order details etc., under My Documents option and these can be selected as per tender requirements and then attached along with bid documents during bid submission. This will ensure lesser upload of bid documents. 5. After downloading / getting the tender schedules, the Bidder should go through them carefully and then submit the documents as per the tender document, otherwise, the bid will be rejected. 6. The BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevant coulmns, else the bidder is liable to be rejected for that tender. Bidders are allowed to enter the Bidder Name and Values only. 7. If there are any clarifications, this may be obtained online through the eProcurement Portal, or through the contact details given in the tender document. Bidder should take into account of the corrigendum published before submitting the bids online. 8. Bidder, in advance, should prepare the bid documents to be submitted as indicated in the tender schedule and they should be in PDF/XLS/RAR/DWF formats. If there is more than one document, they can be clubbed together. 9. Bidder should arrage for the EMD as specified in the tender. The original should be posted/couriered/given in person to the Tender Inviting Authority, within the bid submission date and time for the tender. 10. The bidder reads the terms and conditions and accepts the same to proceed further to submit the bids. 11. The bidder has to submit the tender document(s) online well in advance before the prescribed time to avoid any delay or problem during the bid submission process.

12. There is no limit on the size of the file uploaded at the server end. However, the upload is decided on the Memory available at the Client System as well as the Network bandwidth available at the client side at that point of time. In order to reduce the file size, bidders are suggested to scan the documents in 75-100 DPI so that the clarity is maintained and also the size of file also gets reduced. This will help in quick uploading even at very low bandwidth speeds.

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13. It is important to note that, the bidder has to Click on the Freeze Bid Button, to ensure that he/she completes the Bid Submission Process. Bids Which are not Frozen are considered as Incomplete/Invalid bids and are not considered for evaluation purposes. 14. In case of Offline payments, the details of the Earnest Money Deposit (EMD) document submitted physically to the Department and the scanned copies furnished at the time of bid submission online should be the same otherwise the Tender will be summarily rejected. 15. The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders due to local issues. 16. The bidder may submit the bid documents online mode only, through this portal. Offline documents will not be handled through this system. 17. At the time of freezing the bid, the eProcurement system will give a successful bid updation message after uploading all the bid documents submitted and then a bid summary will be shown with the bid no, date & time of submission of the bid with all other relevant details. The documents submitted by the bidders will be digitally signed using the e-token of the bidder and then submitted. 18. After the bid submission, the bid summary has to be printed and kept as an acknowledgement as a token of the submission of the bid. The bid summary will act as a proof of bid submission for a tender floated and will also act as an entry point to participate in the bid opening event. 19. Successful bid submission from the system means, the bids as uploaded by the bidder is received and stored in the system. System does not certify for its correctness. 20. The bidder should see that the bid documents submitted should be free from virus and if the documents could not be opened, due to virus, during tender opening, the bid is liable to be rejected. 21. The time that is displayed from the server clock at the top of the tender Portal, will be valid for all actions of requesting bid submission, bid opening etc., in the e-Procurement portal. The Time followed in this portal is as per Indian Standard Time (IST) which is GMT+5:30. The bidders should adhere to this time during bid submission. 22. All the data being entered by the bidders would be encrypted at the client end, and the software uses PKI encryption techniques to ensure the secrecy of the data. The data entered will not be viewable by unauthorized persons during bid submission and not viewable by any one until the time of bid opening. Overall, the submitted bid documents become readable only after the tender opening by the authorized individual.

23. During transmission of bid document, the confidentiality of the bids is maintained since the data is transferred over secured Socket Layer(SSL) with 256 bit encryption technology. Data encryption of sensitive fields is also done. 24. The bidders are requested to submit the bids through online e-Procurement system to the TIA well before the bid submission end date and time (as per Server System Clock). For any other queries, the bidders are asked to contact on 24 x 7 Toll Free Telephonic Help Desk Number 1800-3070-2232 or Mobile Nos 91-7878007972, 91-7878007973, 91-7574889871 and 91-7574289874 or Mail to : [email protected]

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ANNEXURE-VIII

EMD Forwarding Letter From (Name & Address of the Bidder) To The Director ____________________ Software Technology Parks of India ____________________ 9th Floor, GIFT One Tower, GIFT City,

Gandhinagar – 382355 (Gujarat) Sub.: Earnest Money Deposit for bid no. STPIG/PUR/QUO/18-19/02/.. ................dated...................... Ref.: Bid document .............................. dated ........................... Dear Sir, We, M/s. ______________________________, having read and examined in detail the bid document and amendments for “Tender for Hiring of Consultant /Consultancy firm for Certification for ISO

9001:2015 and ISO 27001:2013 at STPI-Gandhinagar & Surat”. We, M/s. ___________________________ hereby inform that EMD of Rs._____________( Rupees in words only) has been transferred through RTGS/NEFT . The details are as under: a. UTR No : b. Amount : c. Dated : We, M/s. ______________________________ having read and understand the clause no. _________ towards forfeit of EMD. Vendor details (for EMD return purpose) : a. Name of the company b. Name of Bank : c. Account Number : d. Branch Name: e. Branch Address : f. IFSC code :

Yours Sincerely,

Signature & Seal of bidder