August - 2014 - e Tenders · 2014-08-27 · 2.0 BID FORMS AND CLARIFICATIONS 2.1. Use Letter of Bid...

CIDCO OF MAHARASHTRA LIMITED RFP Notice No. 01/CIDCO/ACP (NAINA)/2014

Page | 0

Automation of Building Permission System for Navi Mumbai Airport Influence Notified Area

(NAINA) and Khopta New Town (KNT)

REQUEST FOR PROPOSAL

FOR

APPOINTMENT OF SOFTWARE DEVELOPMENT FIRM

August - 2014 City and Industrial Development Corporation of Maharashtra Limited

Head Office: CIDCO Bhavan, CBD-Belapur, Navi Mumbai, PIN-400614 Tel.: 022 – 6791 8483 Fax No. : 022-6791 8436

TENDER NOTICE

RFP Notice No. 01/CIDCO/ACP (NAINA)/2014


Page | 1


Page | 2

TABLE OF CONTENTS

Part Description Page No.

Part – I Instructions to Bidders (ITB) 4

Part – II Data-Sheet (DS) 20

Part – III Scope of Work 32

Part - IV General Conditions of Contract & Special Conditions of Contract

General Conditions of Contract (GCC) 50

Special Conditions of Contract (SCC) 79

Appendix A - Payment Schedule 87

Appendix B-Form of Bank Guarantee for performance security

88

Appendix C-Non Disclosure Agreement 92

Part – V Technical and Financial forms (TFF) 98

Appendix I - Letter of Bid (LOB) 99


Page | 3

Part Description Page No.

Appendix I- Annexure-1 Details of Bidder 103

Appendix I - Annexure-2 Statement of Legal Capacity 105

Appendix I- Annexure-3 Power of Attorney for Signing of Bid

106

Appendix-II- Form-I- Experience of Automation of Building Permission System

110

Appendix-II- Form-II- Annual Turnover for the Last 3 Years. 113

Appendix-II- Form-III - Availability of Key Personnel 114

Appendix-III-Form-I - Covering Letter for Technical Proposal

116

Appendix-III Form-II – Experience in Software Solution Integration with GIS and/ or SAP

117

Appendix-III Form-III –Particulars of Key personnel 120

Appendix-III Form-IV Curriculum Vitae (CV) for the Proposed Key Personnel

121

Appendix-III- Form-V Understanding of Scope of Work, Approach and Methodology

124

Appendix-IV-Form-I Covering Letter Financial Proposal 127

Appendix-IV-Form-II Details of Financial Proposal 128

Part – VI Form of Agreement 129

Signature of Authorized Signatory ACP (NAINA)

Name of the Firm Date :


Page | 4

PART – I INSTRUCTIONS TO BIDDERS (ITB)


Page | 5

PART – I

INSTRUCTIONS TO BIDDERS (ITB)

1.0 GENERAL

Bids are invited for Appointment of Software Development Firm for

Automation of Building Permission System for the Project Area.

1.1 This Request For Proposal (RFP) document consist of the following: -

Part I: Instructions to Bidders (ITB)

Part II: Data Sheet (DS)

Part III: Scope of Work

Part IV: General Condition of Contract (GCC) & Special Condition of

Contract (SCC)

Part V: Technical & Financial forms (TFF)

Part VI: Form of Agreement

1.2 Detailed description of the Objectives, CIDCO’s Requirements, Scope of

Services, Deliverables and other requirements related with this contract

are prescribed in the Scope of Work.

1.3 In case the bidder considers that its firm possesses the requisite

experience and the capabilities required for undertaking the assignment,

it may submit a bid in response to this invitation. The manner in which

the bids are required to be submitted, evaluated and accepted is

explained in the various provisions of this document.

1.4 Bidders are encouraged to inform themselves fully about the assignment

and the local conditions before submitting the bid by paying a visit to

the CIDCO and the Project site, by sending written queries to the CIDCO.

1.5 The Bidder shall be a Registered Company. Bidders must read carefully

the eligibility criteria provided in the DS must meet the requirements.


Page | 6

1.6 Technical and Financial Proposals of only those bidders who are qualified

in accordance with the Eligibility will be considered. This work will be

awarded to a Bidder on the basis of evaluation of the Technical and

financial Proposal as per the Clause 5.0.

1.7 The costs of preparing the Proposals and subsequent negotiation,

including visits to the CIDCO office are not reimbursable.

1.8 CIDCO is not bound to accept any of the Proposals submitted and

reserves the right to reject any or all Proposals without assigning any

reasons and without being liable for the same in any way or manner

whatsoever.

1.9 The Proposals must be properly signed by a duly authorized person

holding the Power of Attorney, in case of a Limited Company or a

corporation.

1.10 All documents accompanying the Bid shall be in the English Language

and strictly on the forms provided in Appendices I to IV of (TFF). No

supporting document or printed literature shall be submitted with

the Bid unless specifically sought for and in case these documents

are in another language, they must accompanied by an accurate

translation of the relevant passages in English, in which case, for all

purposes of interpretation of the Bid, the translation in English shall

govern.

1.11 Bidder should note clearly the date and time submittal of Bids. Bidders

are reminded that no supplementary material will be entertained by

CIDCO, and that evaluation will be carried out only on the basis of

documents received by the closing time of Bid Due Date. Bidders will not

be asked to provide additional material information or documents

subsequent to the date of submission, and such material if

submitted will be summarily rejected.

1.12 Conflict of Interest: CIDCO requires that the selected Bidder provide

professional, objective and impartial solutions and at all times hold the

CIDCO’s interests paramount, avoid conflicts with other assignments or


Page | 7

their own corporate interests, and act without any consideration for

future work.

1.12.1 Without limitation on the generality of the foregoing, the Software

provider, shall be considered to have a conflict of interest and shall not

be selected under any of the circumstances set forth below:

(i) If there is a conflict among this and other assignments of the

Software provider (including its personnel) and any subsidiaries or

entities controlled by such Software provider. The duties of the

Software provider depend on the circumstances of each case.

(ii) While providing Software services to CIDCO for this particular

assignment, if the Software provider takes up any assignment that by

its nature will result in conflict with present assignment.

1.13 Fraudulent and Corrupt practices:

1.13.1 The Bidders and their respective officers, employees, agents and

advisers shall observe the highest standard of ethics during the Selection

process. CIDCO shall reject a bid if it determines that the Bidder has,

directly or indirectly or through an agent, engaged in corrupt,

fraudulent, coercive, undesirable or restrictive practices in the Selection

Process.

For the purposes of this provision, the terms set forth are defined as

follows:

a) “corrupt practice” means the offering, giving, receiving, or

soliciting, directly or indirectly, of anything of value to influence the

action of a public official in the Selection Process;

b) “fraudulent practice” means a misrepresentation or omission of facts

in order to influence the Selection Process;

c) “coercive practice” means harming or threatening to harm, directly or

indirectly, persons or their property to influence their

participation in the Selection Process;


Page | 8

d) “undesirable practice” means establishing contact with any person

connected with or employed with the CIDCO with the objective

of canvassing, lobbying or in any manner influencing or attempting to

influence the Selection Process; and

e) “restrictive practice” means forming a cartel or arriving at any

understanding or arrangement among Bidders with the objective of

restricting or manipulating a full and fair competition in the

Selection Process.

1.14 All documents and other information supplied by CIDCO or submitted by

Bidder shall remain or become the property of CIDCO. Bidders are to

treat all information, as strictly confidential. Documents submitted by

unsuccessful bidder may be returned.

1.15 Bidders are informed that the selection shall be on the basis of

objective assessment done by the CIDCO through evaluation

process defined in this RFP. Bidders will be deemed to have

understood and agreed that no explanation or justification of any

aspect of the Selection Process will be given and that CIDCO’s

decisions are final without any right of appeal whatsoever.

1.16 Bidders are informed that CIDCO will not respond to any enquiries or

enter into communication concerning or relating to Selection Process.

1.17 CIDCO reserves the right to make inquiries with any of their clients listed

by the Bidders in their previous experience record.

1.18 Bidders or any of their affiliates shall not be hired for any assignment,

which by its nature, may be in conflict with other assignment of

the Bidder.

1.19 Key Personnel

The Bidders must take note that the following personnel will be

considered as Key Personnel for the purpose of requirements of

Eligibility and for evaluation of the Technical Proposal under this RFP


Page | 9

i) Team Leader

ii) Architect or Town Planner

iii) Software Programmer

2.0 BID FORMS AND CLARIFICATIONS

2.1 Use Letter of Bid with Annexure 1 to 3, Appendix I, Statement of

Qualification, Technical and Financial Forms prescribed at Appendix II

to IV of TFF respectively to enable the Bidders to prepare the proposal,.

2.2 Clarifications

2.2.1 Any queries or request for additional information concerning this RFP

shall be submitted in writing not later than 3 days before Pre Proposal

Conference to the address for communication specified in DS. The

envelopes shall clearly bear the following identification: ‘Clarification

on RFP for Appointment of Software Development Firm for “Automation

of Building Permission System for NAINA and KNT ”

2.2.2 The CIDCO reserves the right not to respond to questions raised or

provide clarifications sought, in its sole discretion. Nothing in this clause

shall be taken or read as compelling or requiring the CIDCO to

respond to any question or to provide any clarification.

2.3 Amendment of RFP (Request for Proposal)

At any time before the submission of proposals, CIDCO may, for any

reason, whether at its own initiative or in response to a clarification

requested by a firm, modify this RFP document. CIDCO may at its

discretion extend the Bid Due Date. All such amendments will be

uploaded on the e-tendering portal and will be binding on all Bidders.

3.0 PREPARATION OF PROPOSAL

Bidding process will be carried out through e-tendering process. Bidder

has to submit all required documents on e-tendering website. It is a 3

stage process. At each stage bidder will be evaluated:

Stage 1: Statement of Qualification

Stage 2: Technical Proposal


Page | 10

Stage 3: Financial Proposal

The information shall be furnished strictly in the forms prescribed in

TFF.

3.1 Statement of Qualification (Proof of Eligibility)

3.1.1The “STATEMENT OF QUALIFICATION” shall contain the following in the

prescribed forms:

(i) Letter of Bid, Demand Draft for EMD and Annexure 1 to 3 in

the prescribed forms at Appendix-I of TFF;

(ii) Individual Firm’s experience supported by a certificate from the

auditor appointed by the firm under applicable provisions of law,

in Form I of Appendix II of Technical & Financial Forms (TFF),

Forms II, III, IV and V in Appendix – III of TFF ;

(iii) Individual Firm’s average annual turnover for the last 3 years

supported by a certificate from the Auditor, in Form II of

Appendix II of TFF; and

(iv) Availability of Key Personnel in the regular employment with the

Bidder in Form III of Appendix II of TFF.

3.1.2 The experience claimed in response to sub clause 3.1.1(ii) shall be

in respect of completed projects and shall not be less than the

minimum specified at clause 9.0 of the DS. Scope of services rendered

by the firm should be clearly indicated at the respective place in the

Form.

3.1.3 The Eligibility criteria has been indicated in the Data Sheet (DS), and

a Bid found deficient in any aspect of these requirements will not

be considered for further evaluation.

3.2 Technical Proposal

3.2.1 The “TECHNICAL PROPOSAL” shall contain

i. a copy of Letter of Bid (without Annexure) in the prescribed form

at Appendix I of TFF;


Page | 11

ii. covering letter for Technical Proposal i.e. Form-I of Appendix III of

TFF;

iii. all other information in the forms prescribed at Forms II, III, IV and

V in Appendix – III of TFF; and

iv. The complete set of RFP documents as issued by the CIDCO.

3.2.2 While submitting the technical proposal, Bidder shall ensure

the following:

(i) the composition of the proposed Team and Task Assignment

to individual personnel shall be clearly stated and the Team

Leader will remain present till completion of assignment.

(ii) no such Key Personnel shall be proposed for any position if

the Curriculum Vitae (CV) of the personnel does not

meet the requirements laid down at clause 9.2.2 of the DS;

(iii) Key Personnel shall remain available for this Project for the

required period of the assignment indicated in TOR;

(iv) no alternative proposal to any Key Personnel shall be made

and only one CV for each position shall be furnished;

(v) each CV needs to be recently signed in blue ink by the Key

Personnel and countersigned by the authorized official of the

Firm. Photocopy or unsigned/countersigned CVs shall be rejected;

(vi) each CV shall contain an undertaking from the Key Personnel

about his/her availability for the duration prescribed at form IV of

Appendix III of TFF;

(vii) no Key Personnel should have attained the age of 60 years

at the time of submitting the proposal;

(viii) the personnel proposed shall possess good working knowledge of

English language; and

(ix) Team Leader is in Regular Employment with the Bidder on the

date of submission of the proposal.


Page | 12

3.2.3 Failure to comply with the requirements spelt out in clause 3.2.2

above shall make the Proposal liable to be rejected and the evaluation

of Financial proposal shall not be undertaken. If an individual Key

Personnel makes an averment regarding his qualification, experience,

age, and it turns out to be false, or his commitment regarding

availability for the project is not fulfilled at any stage after signing

of the agreement, he shall be debarred for any future assignment

in CIDCO. The Bidder firm its authorized representative counter signing

a CV, which is subsequently found to contain false and misleading

statements or claims, shall also be liable for similar treatment.

3.2.4 The technical proposal must not include any financial information.

3.2.5 The proposed team shall be composed of experts and specialists in the

Fields of Expertise and managerial/support staff so that the Software

Provider should be able to complete the work in the required time

schedule. The list of Key Personnel specified in 9.2.2 of DS must be

included in the proposed team of Professional Personnel in addition to

other competent and experienced Professional. Personnel covering

Fields of Expertise in sufficient numbers must be added to it as and

when needed for successful completion of this work. The CV of such

other Professional Personnel should also be submitted in the form

at Form-IV of Appendix III of TFF. Such CVs submitted by the

successful Bidder will be examined at the time of negotiation for

inclusion in the team.

Fields of Expertise:-

i) Software Development and programming

ii) Town/ Urban Planning, Architecture

3.2.6 The CIDCO reserves the right to verify all or any statements,

documents, information and data submitted by the Bidders to

confirm their claim with respect to Eligibility, experience, expertise

and capabilities of the Bidders.


Page | 13

If at any later date, it is found that any documents, information,

statements or data submitted by the Bidders, based on which the

Bidders have been considered eligible or their proposals are considered

or are successful and awarded this assignment, is found to be incorrect

or false in material particulars or misleading, the CIDCO reserves

the right to declare such Bidders ineligible and to forth with

disqualify them or to reject their Proposals or to cancel the Contract,

as the case may be, and to appropriate the bid security as mutually

agreed reimbursement of CIDCO’s costs and genuine pre-estimated

loss and damage to the CIDCO, without being liable to the Bidders for

the same in any manner whatsoever.

3.3 Financial Proposal

3.3.1 The “FINANCIAL PROPOSAL” shall contain:

(i) copy of Letter of Bid (without annexure) in the prescribed form

at Appendix I of TFF;

(ii) covering letter for Financial Proposal in Form-I of Appendix IV of

TFF; and

(iii) All the details of Financial Proposal as per Form- II of Appendix IV

of TFF.

3.3.2 While submitting the financial Proposal, the Bidder shall ensure the

following:

i) All the costs associated with the assignment shall be included in the

Proposal. These shall normally cover remuneration for all the

Personnel (In the Home, project office etc), accommodation, air

fare, establishment, printing of documents, etc. The total

amount indicated in the financial Proposal shall be without any

condition attached or subject to any assumption, and shall be

final and binding. In case any assumption or condition is indicated

in the financial Proposal, it shall be considered non-responsive and

liable to be rejected.


Page | 14

ii) The financial Proposal shall take into account all types of tax

liabilities and costs of insurance except service tax, which can

be paid as per the prevailing rates.

4.0 SUBMISSION OF PROPOSALS

4.1 The Bidder shall summit the Bid only through the e-tendering website

www.cicdo.maharashtra.etenders.in

4.2 Bidders tool Kit link (detailed Help documents, designed for bidders) has

been provided on e-Tendering website

(https://maharashtra.etenders.in/mah/ toolkitBidder.asp) in order to

guide them through different steps involved during e-tendering such as

online procedure for tender document purchase, bid preparation, bid

submission.

4.3 If any assistance is required regarding e-Tendering (registration / upload

/ download) please contact e-Tendering Help Desk on number: 020

25315555 / 9167969614.

4.4 The tender document is uploaded / released on Government of

Maharashtra, (GoM) e-tendering website

http://CIDCO.maharashtra.etenders.in. Tender document and supporting

documents may be downloaded from above mentioned link.

Subsequently, bid has to be prepared and submitted online only on the

e-tender portal.

4.5 The Bidders participating first time for e-tenders on GoM e-tendering

portal will have to complete the online registration process for the e-

Tendering portal.

4.6 The interested Bidders will have to make online payment (using credit

card/debit card/net banking/Cash Card) of Rs. 1038/- (Rupees one

thousand and thirty eight only), inclusive of all taxes, for the Bid to

online service provider of e-Tendering system at the time of entering

online Bid Submission stage as per the Schedule of Bidding Process.

https://maharashtra.etenders.in/


Page | 15

4.7 Qualification: The Bidder shall submit the following through e-tendering

system for qualifying for the Project

4.7.1 Demand Draft of Rs. 15,750/- (Rupees Fifteen Thousand Seven Hundred

and Fifty Only) includes 5% (five percent) value added tax towards cost

of Bid Document and Rs. 5 Lac (Rupees Five Lacs only) towards Earnest

Money Deposit in favour of “CIDCO Limited” payable at Navi Mumbai

shall be submitted to CIDCO’s representatives mentioned in SCC.

4.7.2 Covering Letter as per Appendix – I (Letter of Bid)

4.7.3 Description of the Bidder as per format specified in Annexure – 1 (Details

of Bidder) in Appendix – I

4.7.4 Statement of Legal Capacity as per Annexure – 2 in Appendix – I

4.7.5 Power of Attorney for signing of RFP as per format specified in

Annexure – 3 in Appendix – I

4.7.6 Information format for Technical Capability as per Form – I, Form – II in

Appendix-II and Form – I, Form – II, Form – III, Form – IV and Form – V in

Appendix-III along with the supporting documents .

4.7.7 Information format for Financial Capability as per Form – II in

Appendix – II along with :

4.7.7.1 The calculations undertaken by the Bidder’s Statutory Auditor and

4.7.7.2 The audited annual statements for the latest three financial years (as

mentioned in the Data Sheet) as certified by a Statutory Auditor

4.8 Financial Proposal – The. Bidders are required to submit the

Commercial Proposal only through the e-tendering system in the

format as given in Form – I, Form – II in Appendix – IV. It may be noted

that Bids of Bidders, which do not contain the Commercial Proposal as

specified above, would be considered invalid and liable for rejection.

5.0 PROPOSAL EVALUATION

i) The Bidder shall not contact CIDCO on any matter related to its

Technical and/or Financial proposal from the time open to the time

the contract is awarded.


Page | 16

ii) Any effort by a Bidder to influence the CIDCO in examination,

evaluation, ranking of proposal or recommendation for award of

contract shall result in rejection of Bidder’s proposal.

iii) A three stages evaluation process shall be carried out by CIDCO by

constituting a Technical Evaluation committee for ranking the

proposal.

iv) Tender Evaluation Committee shall evaluate the proposals on the

basis of their responsiveness to the Scope of Work, applying the

evaluation criteria, sub-criteria and point system specified in the

Data Sheet. Proposal shall be rejected at this stage if it does not

respond to important aspects of the Scope of Work or if it fails to

achieve the minimum score indicated in the Data Sheet.

5.1 Statement of Qualification

In the first stage, Eligibility of the Bidder(s) will be determined by the

Tender Evaluation Committee by applying the evaluation criteria

prescribed at clause 9.1 of the DS on the basis of ‘Documents in

Statement of Qualification in support of Proof of Eligibility’. The

Bidders failing to provide the requisite information or not meeting the

Eligibility specified in the DS will be rejected. Bidders, who fulfil the

eligibility criteria specified in clause no. 9.1 of DS, shall be considered

for the Second Stage of evaluation i.e. Technical Evaluation.

5.2 Evaluation of Technical Capabilities

In the second stage, the technical evaluation will be carried out by the

Tender Evaluation Committee by applying the evaluation criteria using

point system prescribed at clause 9.2. of the DS and Bidders will be

ranked as per score secure by them from highest to the lowest score.

Only those Bidders whose technical Proposal’s score is 70 points or more

out of 100 shall be considered for financial evaluation for third stage

evaluation.


Page | 17

5.3 Evaluation of Financial Proposal

After qualifying in Technical Bid, Financial Bid will be opened and a

successful bidder will be selected through ‘Quality and Cost Based

System’.

5.4 Currency Conversion Rate

For the purpose of Financial evaluation only, Indian Rs 60.00 per US$

shall be considered as currency conversion rate.

6.0 NEGOTIATIONS

6.1 The negotiations shall generally not be for reducing the price of the

Proposal, but will be for reconfirming the obligations of the Software

provider under the Scope of Work. Such points as deployment of Key

Personnel, the understanding of Scope of Work, methodology and quality

of work plan in which the Bidders intends proceeding with the work, etc.

Shall be discussed during negotiations. In case the Successful Bidder fails

to reconfirm his commitment, CIDCO reserves the right to invite the next

ranking Bidder for negotiation or re-invite bids. The Bidder call for

negotiations may have to make oral or power point presentation on their

proposal during negotiations.

6.2 CIDCO will examine the CVs of all other Professional Support Personnel

and those who are not found suitable shall have to be replaced by the

Bidder to the satisfaction of CIDCO.

7.0 SUBSTITUTION OF KEY PERSONNEL

7.1 CIDCO will not consider substitutions during negotiations as the

ranking of the Bidder is based on the evaluation of the Key Personnel,

and any change therein may upset the ranking. The substitution,

will, however be permitted if the Key Personnel is not available on the

grounds beyond reasonable control of the Applicant Firm. Substitution

for any other reason shall attract reduction in the contract fee to the

extent of 0.5% for each substitution. All such proposed substitutions

shall, however, be invariably by equal or better qualified and


Page | 18

experienced Personnel compared to the originally proposed Key

Personnel.

7.2 After award of contract the CIDCO expects all of the Agreed

Key Personnel to be available during implementation of the contract.

The CIDCO will not consider substitutions during contract

implementation except under exceptional circumstances upto a

maximum of 1 Key Personnel (considering equal weightage for each

Key Personnel) and that too by only equally or better qualified and

experienced personnel. Substitution of personnel shall attract penalty of

5% of the contract value.

7.3

8.0 EARNEST MONEY DEPOSIT

Bidder(s) shall submit EMD amounting Rs 5 lacs (Rupees Five Lacs only) in

the form of Demand Draft drawn on any Scheduled Bank in favour of

“CIDCO LTD” payable at Mumbai/Navi Mumbai. The EMD shall be valid

for a period of 120 days and shall be submitted along with Bid Document

Fees in an envelope to CIDCO. EMD of all unsuccessful Bidders shall be

returned after award of work on request by the bidders. No interest shall

be paid on any account against EMD.

The EMD will be forfeited: -

a. If the bidder withdrew his bid during the validity period of bid or

extended period as specified in DS and ITB or extended period.

b. if successful bidder fails: -

- To sign the contract in accordance to clause 11 below

- To furnish Performance security in accordance with clause 9.0 Of ITB

9.0 PERFORMANCE SECURITY

The Bidder shall furnish Performance Security of 5% of the Contract

value within 10 days of issue of Letter of Award beyond six months

ofthe date of completion of services. The form of performance

security is prescribed at Appendix B of Part IV. Upon receipt Bank


Page | 19

Guarantee towards Performance Security, the EMD shall be returned to

the Bidder.

10.0 INDEMNITY

The Bidder shall indemnify, protect and save CIDCO against all claims,

losses, costs damages, expenses, action suits and other proceeding,

resulting from infringement of any patent, trademarks, copyrights etc.

Or such other statutory infringements in respects of all the hardware and

software supplied by him. The Intellectual property (IP) rights of the

proposed software will remain with the Bidder.

11.0 AWARD OF CONTRACT

11.1 After successful negotiations with the successful Bidder, the CIDCO shall

consider the Bidder for award of contract by issuing letter of award. If

negotiations (as per clause 6 above) fail, CIDCO reserves the right to

invite the next ranking Bidder for negotiation or re-invite bids.

11.2 The selected Bidder is expected to commence the Assignment on the

date and at the location specified in the DS.

12.0 DATA SHEET (PART – II)

The Conditions of data sheet, as specified in this RFP, shall form part of

the Instructions to Bidders, and shall be deemed to be part of the

Contract.




Page | 20

PART – II

DATA SHEET


Page | 21

DATA SHEET

The Contents of this Data Sheet (DS) of RFP shall form part of the Instructions

to Bidders, and shall be deemed to be part of the Contract.

1. Date of Pre-Proposal Conference shall be:

Date : As per Tender Schedule

2. Venue of Pre-Proposal Conference shall be:

Venue : Conference Hall, 2nd Floor, C.B.D., Belapur, Navi

Mumbai-400 614, Maharashtra, INDIA

3. The Documents for preparation of Bid.

Following Forms at T.F.F.

a) Appendix-I: Letter of Bid and Annexures.

b) Appendix-II: Forms of Statement of Qualification.

c) Appendix-III: Forms for Technical Proposal.

d) Appendix-IV: Forms for Financial Proposal.

4. The name of the Client:

City & Industrial Development Corporation of Maharashtra Ltd.

(CIDCO)

5. The Address for communication:

Additional Chief Planner (NAINA)

City and Industrial Development Corporation of Maharashtra Ltd.

C.B.D., Belapur, Navi Mumbai-400 614, Maharashtra, INDIA

Tel: 91 22 – 61365260, Fax: 91 22 61365255 Tower no.10, 3rd Floor, Belapur Railway Station Complex,

Email: [email protected]

6. Official Website: http://www.cidco.maharashtra.gov.in

7. Schedule of Selection Process: As per the Tender Schedule

8. Proposal validity period: 120 (One Hundred and Twenty) days from the date of

submission

mailto:[email protected]

http://www.cidco.maharashtra.gov.in/


Page | 22

9. Evaluation and Eligibility Criteria

Proposal Evaluation shall be based on Technical Qualification and

Financial Proposal as described at clause 9.1 to 9.3 and selection of a

successful bidder will be based on ‘Quality and Cost Based System’ as

described at clause 9.4 hereunder:

9.1 First stage evaluation

Eligibility of Bidder will be ascertained on the basis of “Statement of

Qualification in Support of Proof of Eligibility”. Forms for furnishing

information will be as per Letter of Bid and Annexure at Appendix I, and

Form-I, II, III and IV of Appendix II of TFF. Eligibility Criteria for Bidder

shall be as follows:

9.1.1. Existence and Experience:

i) The Bidders eligible for participation in the tender shall be a Company

registered under the Indian Companies Act, 2013. Valid copies of the

Certificate of Incorporation and Articles of Association have to be

submitted.

ii) No Consortium or Joint Venture is permitted.

iii) The Bidder should be an Information Technology Solution provider for

the past 5 Years. Documents confirming the nature of business and

works handled to be submitted.

iv) Bidder should have experience in successfully implementing software

solution projects related to Building Permission projects in

central/state government agencies during the past 5 years.

Relevant work orders, certificates, agreement contract to be

attached. Also certifications from the clients about satisfactory

completion of work and its usage have to be submitted at the time of

bidding. In case the software to be provided is a registered product,

copies of relevant documents have to be provided. If projects

implemented in consortium are submitted as experience, contribution

of the Bidder in the project should be clearly mentioned, that will be


Page | 23

considered as the experience of the Bidder. A copy of the Consortium

agreement should be submitted.

The Bidder should provide information sought in Form I and II of

Appendix-II of TFF.

v) The Bidder should not been blacklisted by any Govt. Agency or under a

declaration of ineligibility for fraudulent or corrupt practices or

inefficient/ ineffective performance.

9.1.2 Annual Turnover: The bidder shall have an average annual turnover of

Rs. 50 lacs for last three audited financial years (Year 2011-12, 2012-13,

‘13-14).

The financial data in the prescribed format shall be certified by

Statutory Auditors with his stamp and signature. If audited balance sheet

of any other year than the last year is submitted, the application will be

considered as non-responsive and liable to be rejected.


Page | 24

9.1.3 Availability of Key Personnel

The Firm have the key personnel available with minimum required

qualifications and experience as required in this RFP at clause 9.2.2. The

Bidder should have Qualified Software Developers or Engineers,

Architects or Town Planners having working knowledge on Development

Control Regulations (DCRs) of various Urban Local Bodies (ULBs), in their

pay rolls and a proof to this effect to be submitted by the Bidder as per

the clause 9.2.2

9.2 Second stage: Technical Evaluation

The technical bids will be opened in presence of the representatives of

the Bidders who choose to be present at the time of opening of the bids.

The technical evaluation shall be carried out by the Tender Evaluation

Committee based on data and information provided by Bidder(s) for

experience, qualification and experience of key Personnel, approach &

methodology and Work Plan.

9.2.1. Experience of Bidder(s):

i) The experience of Bidder for successfully implementing software

for Automated Building Permission (Approval) System for various

Government Agencies/ ULBs during the last 5 years from the date of

submission of Bid. This includes number of projects implemented

and the certifications from the users for successful implementation

and operation of the software.

ii) Bidder should have successfully implemented Automation of

Building Permission System projects in at least one Municipal

Corporation within last 3 years and should be in operation for the

past one year.

iii) The Bidder’s capabilities in handling assignments related to

implementation of Automation of building permission systems for

Urban Local Bodies for web enabled services viz. online submission

of proposal, scrutiny and evaluation with auto generated reports,

assessment of charges/ fees, payment gateway, other web enabled


Page | 25

services etc. Marking will be based on the extent of services

provided by the Bidder.

iv) Experience of the Bidder in automation of building permission

system project involving GIS or SAP integration will be an added

advantage.

v) Bidder should provide information sought in Form-II of Appendix-III

of TFF.

9.2.2 Key Personnel:

i) Evaluation of prescribed key personnel in stage one of qualified

bidder will be carried out based on the marking system. These Key

Personnel are mandatory and are required to be posted in CIDCO

office during the contract period as per the specified man months.

ii) Particulars of Key Personnel and the CV of each expert in Form III and

IV respectively, of Appendix III of TFF. CV should not preferably

exceed more than three pages.

iii) Minimum requirement of key personnel, minimum qualification and

experience should be as follows: -

Sr.

No. Position Minimum Education/ Qualification/

Expertise as per RFP Required Man

months

1. Team Leader

– Software

Development

Person shall have Master degree in Computer

Applications or B.E/B Tech. Should have 5

years professional experience in developing

software solutions for e-governance. Should

have worked on developing solutions for and

customization of Automation of building

permission software for at least past two

years.

4

2. Architect or

Town

Planner

Person shall have Bachelors or Master degree

in Architecture or planning. Should have 5

years professional experience as Urban

3


Page | 26

Sr.

No. Position Minimum Education/ Qualification/

Expertise as per RFP Required Man

months

Planner with focus on Land Use Planning and

Development Control Regulations. Working

experience of one year related to

development of software solutions for

automation of building permissions.

3. Software

Programmer

Person shall have Bachelor degree with

2 years professional experience in Software

Programming/ application development.

Experience of working on Automation of

building permission software is an added

advantage

40

9.2.3. Approach and Methodology: -

i) The Bidder should provide information sought in Form-V of Appendix-

III of TFF.

ii) Maximum of fifteen (15) pages inclusive of charts and flow diagrams

should contain the understanding of Scope of Work, Methodology,

Work plan and Suggestion if any, should be submitted for Technical

Evaluation and make power point presentation thereof.

9.2.4 Marking system for “Technical bid”

The following marking criteria shall be used for evaluation:

Sr.

No.

Group Marks

1 Bidder’s Experience 20

2 Software for automation of building permissions and experience of

users

40

3 Qualification and relevant experience of the proposed Key personnel 25

4 Approach and Methodology, Presentation & Demo 15

Total 100


Page | 27

The number of marks allocated under each of above group is further detailed

out as under:

Sr. No. Group Max

1 Bidder’s Experience 20

i Over all experience of the Bidder in Implementation

of software product for Automation of building

permissions in various ULBs – number of projects

10

a. up to 3 projects 5

b. 4 – 5 Projects 10

c. 6 – 8 Projects 15

d. More than 8 Projects 20

2 Software for automation of building permissions and experience of users

40

I. Implementation of software product for Automation

of building permissions in Municipal Corporations

during last 3 years

15

A) a. 1 project 6

b. 2 – 3 Projects 8

c. More than 3 Projects 10

B) Automation of Building Permission System in

operation in at least one Municipal Corporation

5

one to two years 3

More than two years 5

II. Capabilities of implemented customized

applications to the DCRs provisions and policies

including auto generation of required certificates,

proposal tracking system, assessment of charges/

fees, messaging to the persons concerned etc.

10


Page | 28

Sr. No. Group Max

a. Scrutiny + auto generation of reports+

payment assessment

4

b. Scrutiny + auto generation of reports +

payment assessment+ online submissions

7

c. Scrutiny + auto generation of reports + payment assessment + online submission +

payment gateway + other features

10

iii. Experience in Integration of Automated Building

Permission System to GIS or SAP applications

5

a. Integration with GIS or SAP (Any one) 3

b. Integration with both GIS and SAP 5

iv. Number of projects implemented for entire Building Permission/ approval process – online submission,

proposal scrutiny and evaluation with auto

generated reports, payment gateway, other web

enabled services etc.

15

a. Up to 2 projects 10

b. More than 2 projects 15

3 Key Personnel 25

I. Team Leader and Software Developer 10

a. Experience of Software development for at

least 5 years and worked on developing solutions

for customization of Automation of building

permission software for at least past two years.

6

b. Experience of Software development for 5-7

years and worked on developing solutions for and

customization of Automation of building

permission software for past three years.

8

c. Experience of Software development for

more than 7 years and worked on developing

solutions for and customization of Automation of

building permission software for past three years.

10


Page | 29

Sr. No. Group Max

II. Architect or Town Planner 7

a. Working experience of one year on

Automation of Building Permission Project

3

b. Working experience of two years on


5

c. Working experience of three years on


7

III. Software Programmer 8 a. Experience of Software development for 2

years after Graduation

4

b. Experience of Software development for 3 years after Graduation and working

experience on one project of Automation of

Building Permission Project.

6

c. Experience of Software development for

more than 3 years after Graduation and

working experience on one project of

Automation of Building Permission project

8

4 Approach, methodology and Presentation. 15

i Understanding of Scope of Work 10

ii Quality of approach and methodology

iii Work Schedule

iv Presentation & Demo** 5

Total of (1 + 2 + 3 + 4) 100

Note: - Marking shall be based on the number of projects successfully

implemented and completed by the Bidders.

** The bidder will have to give demo to showcase capabilities of the software

to customise applications to the DCRs provisions and policies with web

based approval process and payment gateway along with presentation.


Page | 30

Bidders who scores minimum 70 out of 100 score will be qualified

technically and their financial bid will be considered for further

evaluation & third stage.

The technically qualified bidders will be informed about the schedule of

opening of the financial bids.

9.3 Third Stage – Financial Evaluation

After qualifying in Technical Bid, the financial bids will be opened in

presence of the representatives of the Bidders who choose to be present

at the time of opening of the bids.

9.4 Selection Process:

The bid with the lowest price will be awarded 100 points. Financial

scores (SF) of other bidder/Applicant shall be inversely proportional to

their quoted prices. The Formula used to calculate the financial scores

will be:

SF = 100 x Fm/ F

Where

SF = the Financial Score

Fm= the lowest priced proposal getting 100 marks

F = the proposal under consideration.

(a) Weightage for Technical and Financial Bid:

The technical bids submitted by the bidder/applicant would carry a

weightage of 80% and the financial bids that will follow the technical bids

would carry a weightage of 20%.

Bids will finally be ranked according to their combined technical (ST) and

Financial (SF) scores using the weights as mentioned above.

Total score will be worked out by adding the weighted marks of technical

and financial Bids

S = ST x 80% + SF x 20%


Page | 31

Where

S= Combined Score of the Bidder/Applicant

ST = the Technical Score

SF = the Financial Score

Applicant /Bidder whose combined score (S) is the highest will be invited

for negotiations. In case any two Bidders score same marks, the Bidder

with higher technical score shall be considered for ranking, negotiations

and/ or award of the contract.

10. Commencement of Assignment (Date, Location)

The Bidder shall commence the services within fifteen days of the date

of effectiveness of the contract at Navi Mumbai or Mumbai.




Page | 32

PART – III

SCOPE OF WORK


Page | 33

SCOPE OF WORK

AUTOMATION OF BUILDING PERMISSION SYSTEM FOR NAINA PROJECT AND KNT

1.0 PROJECT DESCRIPTION

1.1 THE NAVI MUMBAI AIRPORT INFLUENCE NOTIFIED AREA (NAINA)

The Government of Maharashtra on 10.1.2013 appointed CIDCO as a Special

Planning Authority (SPA) for the planned and controlled development of about

600 sq.km. area around the proposed international airport in Navi Mumbai.

The area also called the Navi Mumbai Airport Influence notified area (NAINA) is

spread over the districts of Thane and Raigad has 6 Tahsils of Thane, Panvel,

Khalapur, Karjat, Pen and 270 revenue villages.

The CIDCO has been appointed as SPA for the NAINA under Section 40 (1) (b) of

the Maharashtra Regional and Town Planning Act, 1966 (hereafter called, the

Act) and all the powers under the Act are now vested with CIDCO.

1.2 KHOPTA NEW TOWN (KNT)

In 2003, Government of Maharashtra notified the site for the new town of

Khopta and further appointed CIDCO as Special Planning Authority for Khopta

New Town (KNT). 32 villages were notified for KNT. As 26 villages in KNT got

affected by Div. Commissioner Konkan Div.'s notification published under MPAP

Act 1999 for SEZ , CIDCO prepared Development Plan for the balance 6 villages

in KNT which was approved by the GoM on 04.04.2012.

Since, both projects are in contiguity with each other along with the

preparation of the Development Plan of NAINA, it is contemplated to revise the

development plan of KNT bringing both projects at par in terms of development

models for revenue generation and integration of infrastructure.


Page | 34

1.3 THE PROJECT

The Building permission activities for both NAINA and KNT presently

mainly include:

i) Issuing of Zone Confirmation Statement (ZCS)

ii) Issuing Remarks regarding Grant of Land Sale Permission

iii) Issuing of Part Plan (Regional Plan)

iv) Issuing Remarks regarding change of use of land from Agricultural to

Non- Agricultural

v) Change of use of already granted permission

vi) Grant of Layout Permission

vii) Grant of Development Permission (Commencement Certificate, Plinth

Completion Certificate, Amended Development Permission and

Occupancy Certificates)

viii) Grant of Development Permissions (Commencement Certificate, Plinth

Completion Certificate, Amended Development Permission and

Occupancy Certificates) for Rental Housing schemes

ix) Grant of Layout and Development Permissions (Commencement

Certificate, Plinth Completion Certificate, Amended Development

Permission and Occupancy Certificates) of Special Township Schemes

At present Department receives more than 20-30 applications on daily

basis for various purposes as listed above. The workflow and processing

of all the activities listed above is handled manually.

Currently following Development Control Regulations (DCR) are being

used to scrutinize the Development/ Building Permission Proposals:

a) Standardized Development Control and Promotion Regulation for Regional

Plans in Maharashtra

b) DCR for Mumbai Metropolitan Region (MMR), 1999

c) DCR for KNT, 2012 (for six villages)

d) Special regulations pertaining to Rental housing scheme and Special

Township Schemes


Page | 35

CIDCO has the mandate to prepare the Development Plan and Development

Control Regulations for the entire project area. The plan preparation is

presently being taken up in two Phases. Phase – I extends over approx. 160sqkm

and the balance area is Phase-II. Within the Phase-I area, Interim Development

Plan of an area of approx. 37 sqkm has been published on 13.8.2014, alongwith

DCRs. The draft DCR published for Interim Development Plan largely based on

the Standardised Development Control and Promotion Regulations for Regional

Plans with changes based on the Development Model proposed as a

development strategy. The process of preparation of Development Plan in the

meanwhile shall concurrently follow. Cognizance of this aspect shall be taken

while proposing solutions.

After the Development Plan for NAINA and KNT is prepared and sanctioned by

Govt. of Maharashtra, the sanctioned DCRs will come in force. The bidder is

expected to take all types of change requests till the sanctioning of the DCR or

the period of three years post go live, whichever is earlier and the commercial

proposal shall be accordingly worked out. The process is to be automated with

authorization interface and provision for inputs manually and/ or from PDA.

The bidder is expected to carry out due diligence of the processes involved by

interacting with Addl. Chief Planner (NAINA) and suggest best practices for the

above processes practiced in other ULBs in India.

CIDCO intends to appoint an agency to fully automate the functions listed

above as may be suitable to the each function.

Task – I : Conduct Requirement Study and Prepare Software Requirement

Specifications.

Deliverable (s): Software Requirement Specifications (SRS) document

a. Study the existing system for above mentioned processes in NAINA and KNT

including the method, software and formats currently being used.

b. Preparation, submission and get approval of the System Requirement Study

(SRS) of proposed solution for Automation of the Business Processes from

CIDCO.


Page | 36

c. Suggest the hardware and software requirements for efficient

functioning of the automated building approval system

d. The Bidder will make an SRS and devise a system to incorporate best methods

and practices along with the present pattern of flow of data and file to map

the approval process.

Task -II: Customization, Configuration, and Deployment of Automated

Business Process System.

1) Issuance of ZCS

On entry of Survey no., Village Name, Taluka name by applicant/ CIDCO

personnel at CFC, the application shall show respective part plan and shall

generate ZCS from the available GIS database, after payment of applicable fee.

2) Issuance of Remarks regarding Grant of Land Sale Permission

On entry of relevant data, the system should generate disposal letter in the

prescribed format using the GIS database.

3) Issuance of Part Plan

On online entry of Survey no., Village Name, Taluka name by applicant, the

application shall show respective part plan and shall generate downloadable

Part plan using the GIS database.

4) Issuance of Remarks regarding change of use of land from Agricultural to Non

Agricultural (NA)

The various activities involved are:

(i) Application Receipt and Processing

(ii) Issuance of Payment proceedings

(iii) Issuance of remarks for NA

The expectation from System is as below

a. System should have facility to receive files of NOC for NA received from

Collector office

b. System should provide application form and list of all required mandatory

documents in which official can make entry in the system.


Page | 37

c. If the file is recommended for approval, then the fee and charges are

calculated duly indicating the rates applicable.

d. Initials the file and forward it to Authority

e. Verify the file No and prepare letter(NOC) and forwards to higher Authority

f. After approval NOC letter should be generated through system to be sent to the

applicant and to the collector office and makes entry in the respective register

g. The system shall so designed that the GIS database updation happens

simultaneously.

5) Development Permission (All processes from Commencement certificate to

occupancy certificate):

a. The approved latest Building By-Laws Rules and regulations will be

incorporated in software.

b. Any changes / modification in by-laws/regulations/policies during the process

of customization to be incorporated.

c. The system will be developed for submission of data and soft copy of the

drawing in preformatted CAD file.

d. Process of application for grant of temporary permission.

e. Creation of unique number and identification for each application for tracking

and linking the data to the GIS data base.

f. Design and development of the work flow for the scrutiny and approval

of plans/proposal at all levels from acceptance of proposal to its final disposal

g. Deployment of the software in a centralized data centre, as may be specified

by CIDCO.

h. The software shall read the soft copies of the drawings submitted in

preformatted CAD format and validate it for CIDCO requirements. If the

proposals in the drawings are not as per permissible rules and regulations, the

software shall indicate the errors and give a report of failed entities. The

software shall be capable to capture all processes of drawing scrutiny and work

flow management of activities from Commencement certificate to occupancy

certificate.


Page | 38

i. Proper user authentication and access control mechanisms will be implemented

to ensure that only authorized users can access a particular piece of

information.

j. The system will have its own MIS report generation and will be integrated with

master MIS dashboard. The existing report system has to be studied and

modified if necessary.

k. SMS notification generated by the system about site visit will be given to

concerned officer handling the proposal and architect. After site visit, if the

detail in the submitted proposal doesn’t match with the actual site conditions

and development plan then the proposal is rejected else forwarded to the

console of concerned officer. It will support Palm interface whereby the visiting

building inspector or officer at site will capture site visit report along with

photograph on the PDA device so that he can update the server database.

l. Generated MIS report has to be uploaded in the CIDCOs website. l. Generate

monthly report on collections.

m. Viewing of status of the proposal online.

n. Auto SMS alert / Auto Email to the applicant.

o. SMS notification generated by the system about site visit will be given to

concern Engineer/architect and Licensee/owner. He will visit the site and if the

detail in the submitted proposal doesn’t match with the actual site conditions

and development plan then the proposal is rejected else forwarded to the

console of concerned officer.

p. Integration of the software to GIS and SAP that will be implemented in CIDCO.

All the metadata and the approved plans, certificates issued while granting

permissions should be integrated to the spatial data in GIS and SAP database,

that will be created by CIDCO.

q. Bidder providing , installing maintaining Software and other services must have

valid and adequate licenses , rights for installing and operating the software,

and also legal right to transfer such rights to CIDCO for its use. Successful

Bidder shall submit copy of license/certificate from the owner of the

system/software.

r. The system shall so designed that the GIS database updation happens

simultaneously.


Page | 39

Task –III: Operation and Maintenance of Project and software for a

period of Three (3) years

Deliverable (s):

• Post implementation support for 3 years.

• Requisite Manpower support for successful operation of Project

Scope of Work during post implementation period will be as follows.

a. Deployment of one software developer at CIDCO for operation and

maintenance of automated building plans, scrutiny and approval system

as and when required and posting of one software programmer for

one year, post implementation. Manpower engaged by the successful Bidder

shall be at his cost, and shall ensure that provisions of relevant Acts are

followed without any default, in the event of failure to do so and as a

result if CIDCO has to bear any losses, costs, damages the successful Bidder

shall compensate CIDCO in full.

b. Training and hand holding to be given to the all Staff working for and

related to Building Permission, as may be decided by CIDCO.

c. Scrutinize the drawings received from the architect and report after

verification. The Bidder should certify that software developed is able to

do scrutiny of building proposal plans as required by CIDCO in a single

computerized operation and provide result in the form of ‘pass’ or ‘fail’

with respect to each parameter of GDCRs of CIDCO.

d. Supporting in smooth functioning of the applications.

e. Installation of all Technical upgrades and / or updates as and when

released for the software till completion of three years, post

implementation. This includes incorporation of all changes made in the

GDCRs provisions and policies in the software, during this period.

f. Fixing of all the Bugs for efficient functioning of software

g. Email based / Telephonic support on the usage / issues of the system


Page | 40

h. Maintain rule database and implementation of changes in the values of the

existing DC Regulations. Changes or modifications in user interface including

GIS and/ or SAP, without any impact on the base engine of the system or

database

2. Functional Requirement Specification

2.1 Automated building plan scrutiny & approval

System should provide all necessary functionalities for building plan

scrutiny and approval of building proposals. The system should include the

following functionalities.

1. Online submission of applications and supporting documents.

2. Should perform automated building scrutiny on CAD drawings and also

implement building plan approval process as an integrated system.

Required tables like area statement, summary of FSI calculations, water

and parking calculations, opening schedules, area block diagram with

dimensions should be automatically generated by the system.

3. Should auto-detect the structures in the drawing based on usage

(e.g. Residential, Commercial or Residential- Commercial Mixed); and also

auto detect high-rise and low-rise buildings. This functionality should

be applicable for both the existing and proposed structures.

4. Auto generation of FSI/FAR, area statement and schedule of

openings by reading preformatted CAD drawings.

5. Auto-generation of plot area & plot area calculation for cross

verification with system entered value by triangulation and to finalize the

area calculation based on the triangular method.

6. Should enable auto hatching of particular objects as per building

control rules and prevailing policies,

7. Should enable auto detection of side margins and verification of

ground coverage area.

8. Should enable auto-generation of failed entity report and marking the

same on the drawing.


Page | 41

9. The drawings submitted by Architects should be in non-editable

format after processing through software and also enable for plotting.

10. Should enable verifications according to project type-

redevelopment, alteration and modification, sub-division,

amalgamation, temporary permission etc.

11. Auto-Dimensioning with Block Diagram: Should generate Block

diagram for each Floor and provide dimensions with Area Calculations

for each features ex.-FB, CB, terraces, Balcony, lobby etc.

12. Auto-Generation of FSI & Built-up area Table: Should

automatically insert FSI & Built-up Area Tables with per floor detail for

each Building. Same way inserts FSI & Built-up Area Table for whole

Project.

13. Auto-Generation Plot area Table: Should automatically detect the type

of layout proposal – amalgamation or subdivision and creates standard area

table as per the case.

14. Auto-Generation of Area-Statement: Should automatically insert Area

Statement with all Proposed & Permissible Value in pre described

Format.

15. Auto-Generation of Schedule of Opening & Parking Table: Should

automatically insert Schedule of Opening for each Building. Same way inserts

Proposed Parking for whole Project.

16. Auto-Hatching to Particular Object: Should provide hatching to

Particular Objects as described in GDCR and by CIDCO e.g. Green colored

Hatch in Main Road, Yellow colored Hatch in Open Space, etc.

17. Auto-Linking: Should auto link objects like each Building with

corresponding Proposed Work (Max. coverage Area) drawn in Layout

Plan, each Floor Plans with its section, Tank with its Section, Ramp with

its Section, Stair, Chowk, V shaft etc.

18. Section reading & Association: Should able to read section,

associates each floor plan with floor section & gives Ht. of Bldg. & each floor

by auto dimensioning.


Page | 42

19. Margin Generation: Should generate required Margin from Plot

Boundary, Open Space etc. itself. Even It shows Proposed Failed Margin with

Auto Dimensioning.

20. Verification with Actual Coverage Area: Should verify Built up Area

(Max. Coverage area) Proposed by auto punching of each Floor plan

automatically.

21. Checking Double Ht. & Verification of Chowk / Vshaft: Should be able

to checks Double Ht. of each Terrace. It verifies each Chowk&Vshafts

for its clear Ht. by auto punching of each floor Plan automatically.

22. Should verify the fire norms and auto generate the report.

23. Generation of Scrutiny Reports: It should generate the various

scrutiny reports based on the GDCR and other policies of CIDCO. Generated

report shows the Failed/Passed Items with their rules in a very user

friendly Viewable/Printable format. Reports can also be generated in local

regional language. Customization of Reports can be made using user

defined templates. Software should read the building entities from

drawings, geometrically map each and every entity by corresponding with

complex and interlinked rules. After scanning and saving the drawing,

scrutiny reports should be generated where all failed and passed rules are

displayed along with required/permissible values with proposed values so

that architect can easily correct them.

24. Should enable assessment of floor space index violation.

25. The system must provide for proper user authentication and

access control mechanisms so as to ensure that only authorized users can

access relevant information.

26. The system must provide for all submissions to be acknowledged and

site visit dates and further approval schedule is to be provided to the

officer in charge/architects/ client instantly.

27. System should include process flow of Plinth and completion

certificate approval system. This will include generation of approval /

rejection/ refuse letter, fee memo calculations.


Page | 43

28. The system should automatically generate an SMS which is sent to the

Architect and concerned staff if there are any cancellations of site visit the

system should intimate the key people. Reasons for such cancellation should

also be recorded in the system.

29. The acknowledgment letters, Building Commencement

Certificate, deviation or the rejection/ refusal letters etc. should be system

generated.

30. The system should generate MIS to be sent to higher authorities for

approval and to make the approval status available online. The summary

of MIS should be able to run query based on any metadata as per

requirement.

31. The client/ Architect should be able to review the status of

approval online.

32. System should generate automatically the fee memo/ demand notes

based on the submitted Building plan. System should have necessary

interfaces for Fee collection, including online payment gateway and receipt

generation.

2.2 Document management

The Document management should enable:

1. submitting documents along with application.

2. associating metadata with documents and legal issues.

3. storing documents in folder.

4. searching documents based on various metadata of the file.

5. Customized queries for retrieval and analysis of data

6. integration of data with GIS and SAP database.

2.3 Approval work flow


Page | 44

The System should have inbuilt configurable workflow for automated

routing of application data and documents in the approval process and

should:

1. enable approval steps such as review, approval, issuance of

commencement certificate, temporary development permission, plinth

completion certificate, occupancy certificate etc.

2. enable holding an application in its work queue seeking additional

information from the applicant and other departments of CIDCO or other

authorities.

3. provide the application status such as – under review, pending

approval, refused, approved etc.

4. display all applications received in its work queue.

5. enable associating notifications to its steps.

2.4 Monitoring, Notifications & Escalations

1. The notification events should be connected to workflow steps, user

action, and timeline. The notification engine will trigger automatic

notifications to predefined users based on various events such as

pending tasks – un-reviewed/ un-approved applications, approved,

rejected, seeking additional information, incomplete application filing.

2. System will use different notifications for different events.

3. System should enable automatic and also manually initiated

notifications.

4. Delivery of notification for escalation (mostly for the delay in

completing a task) should be available and should be intimated to the

concerned person should be made through existing email system or using

a SMS gateway or both.

5. Notification for reminders should be available.


Page | 45

6. System should maintain the list of User ID/ Email ID/ Mobile

devise ID for sending notifications.

7. System should maintain the history of notification sent.

8. System should enable status of application through status check and

reporting on line.

9. Every task performed by a user should be logged in the system.

2.5 Query operations

1. System should enable search on multiple criteria such as

application number, name of applicant, date of submission,application

status, application type, previous applications, zone, contact no, plot no,etc.

2. System should enable searching documents on number of

metadata such as document type, application number, applicant name, date

of submission, etc.

2.6 Integration with Legacy Systems

1. The system should provide interface for zoning plan data and

public health data entry

2. The system should integrate with existing legacy system.

3. This system should integrate with GIS database and also the SAP.

The Bidder may require to develop an interface for this purpose.

2.7 Reporting

System should provide various reports to CIDCO staff. External user should

be able to view the application status using an application tracking

number. Some other standard reports will include,

• Plans approved

• Pending proposals

• Delayed approvals

• Revenue generated, etc. as per the CIDCO requirement


Page | 46

3. Duration and Deliverables

The entire assignment shall be completed within a period of four months

(4) from the date of signing the Agreement, incorporating all the aspects

mentioned in the Scope of Work. Thereafter, the Bidder shall work with

CIDCO for the purpose of integration of data with SAP and GIS, operation

and maintenance as per the terms and conditions mentioned in the Scope

of Work. The deliverables and completion time for various stages shall be as

given hereinafter:

Table 1: Deliverables

Stage Submission details Number

of Copies

Duration from

the date of

Contract

1 System Requirement Specifications

3 1 month

2 Deployment of software and installation

process

2 months

3 Customisation for CIDCO requirements (Hard

and soft copies of the generated codes and

other documentation)

3 3 months

4 Test Automated Building Plan Scrutiny &

Approval System for the live project

4 months

5 Operation and Maintenance, Integration

with GIS and SAP Software Operation

Manuals (soft and hard copies)

3 3 years

Notes:

(a) The Bidder must ascertain that the time table is realistic and shall

submit the output as per the time specified in the time schedule. All

submissions shall be made both in hard copies and compatible soft copy

format such as GIS, AutoCAD, Office Documents, SAP compatible documents

etc.


Page | 47

(b) Delivery and Deployment of software along with customisation shall be

as may be specified by CIDCO. Bidder has to provide cost of ten number

of licenses along with the software and the cost of additional licenses. For

bid evaluation, cost of additional licenses shall not be considered.

(c) CIDCO reserves the right to examine and direct the Bidder to

incorporate CIDCO’s suggestions/observations in the software, reports

and any other document of the assignment after every deliverable.

(d) All the data are to be kept confidential and not made available in any

form to a third party without the written permission of CIDCO. Upon

completion of the assignment, all data shall be transferred to CIDCO in

digital and/ or hardcopy format as may be specified.

4. Payment Schedule

Details of payment schedule for the Contract are enclosed in Appendix-A of

Part IV.

5. Plan Process and Administration

The CIDCO will appoint a responsible officer for coordinating this

purpose.

a) CIDCO may appoint an Expert Committee (EC) which may include

representatives of the various departments of CIDCO;

b) The Bidder will have to make presentation before the EC after the

submission of each deliverable. In normal course, the meeting of EC will be

convened within one week of submission of deliverable at each stage and the

bidder shall incorporate the changes as may be directed by CIDCO as per

the recommendations of the EC.

6. The Technical Team in CIDCO

The core team working on this assignment is required to be posted in

CIDCO office throughout the contract period for coordination purpose and to

work on the assignment. Minimum technical team to be posted and their

requirement in CIDCO office is listed below:

1. Team Leader – Software developer – 4 months


Page | 48

2. Architect or Town Planner (for a maximum of three months as per the

requirement)

3. Software Programmer- Entire contract period

The team shall report to the ACP (NAINA) or the officer as may be

directed by him. All the logistic support in the form of computers,

printers required for the team will be provided by the Bidder. The space and

furniture will be provided by CIDCO free of cost.

7. CIDCO’s Support

CIDCO will supply to the Bidder the GDCRs, copies of prevailing policies of

CIDCO for processing proposals received for development permission and

reports readily available with it. CIDCO will also help the Bidder in

establishing contacts with the concerned departments to facilitate the

survey for SRS and data collection. CIDCO will nominate an officer to co-

ordinate with the Bidder. However, the Bidder will be solely responsible for

proper and timely completion of the assignment.

8 System Security

a) To be able to Define Roles for all users in the work flow

b) To be able to Define rights to application features for each of the roles

c) To be able to provide log for Time and user stamping of each usage

d) To be able to prevent unauthorized access to servers and network log

should be maintained for all the Transactions handled

e) To be able to provide an end-to-end security model that protects data.

f) To be able to match with overall sensitivity of database & contents

g) Audit trail will be monitored.

h) controls incorporated in to ensure that the databases are not tampered/

altered/ modified/ deleted, except updating the records

i) Users should be allotted login user-id and password to fix up

accountability for transactions carried out.

j) system should support digital Signatures to make the document and

certificates authentic

k) Various Database level Security provisions should be implemented.


Page | 49

l) System should ensure security of Plans approved by authorities, storing

approved files storing approval information in database in secured manner

m) Security system to prevent activities like hacking in the Database should

be suggested

9 Technical architecture of the System

(a) Backend should be one of leading and proven RDBMS. SAP uses ORACLE

(b) Software should have its own MIS report generation.

(c) The system should be able to create a comprehensive decision support

system based on transaction date.

(d) The software shall read the soft copies of the drawings submitted in CAD

format. If the proposals in the drawings are not as per permissible rules and

regulations, the software shall indicate the errors and give a report for

rectification

(e) The software shall be web based and shall be used concurrently in as

many locations at which accessed. Some data as desired by CIDCO shall also

be accessible to citizens directly through internet

(f) An On-line help module should be available which shall provide detailed

help for each process/report of the Application

(g) The proposals should be acknowledged from Clients and site visit dates

and further approval schedule is to be given to architects/ client on spot.

(h) An SMS/EMAIL may also to be sent to architect and concerned Field

staff. If there is any cancellation on site visit they may be informed through

SMS to avoid unnecessary wastage of time.

(i) Acknowledgment letters, approval letters, deviation or rejection letters

be system generated

(j) The approval workflow should be as per the work flow being followed by

CIDCO’s hierarchy and workflow rules.

Signature of Authorized

Signatory

ACP (NAINA)



Page | 50

PART – IV

GENERAL CONDITIONS OF CONTRACT


Page | 51

CONTENTS

1.0 General Provisions

1.1 Definitions

1.2 Relation between the Parties

1.3 Law Governing the Contract

1.4 Language

1.5 Headings

1.6 Notices

1.7 Location

1.8 Authority of Member in charge

1.9 Authorized Representatives

1.10 Taxes and Duties

1.11 CIDCOs’ Representative

2.0 Commencement, Completion, Modification and Termination of

Contract

2.1 Effectiveness of Contract

2.2 Termination of Contract for Failure to Become Effective

2.3 Commencement of Services

2.4 Expiration of Contract

2.5 Entire Agreement

2.6 Modification

2.7 Force Majeure

2.7.1 Definition

2.7.2 No Breach of Contract

2.7.3 Measures to be Taken

2.7.4 Extension of Time

2.7.5 Payments

2.7.6 Consultation


Page | 52

2.8 Suspension

2.9 Termination

2.9.1 By the CIDCO

2.9.2 By the Bidder

2.9.3 Cessation of Rights and Obligations

2.9.4 Cessation of Services

2.9.5 Payment upon Termination

2.9.6 Disputes about Events of Termination

3.0 Obligation of the Bidder

3.1 General

3.1.1 Standard of Performance

3.1.2 Law Governing Services

3.2 Conflict of Interests

3.2.1 Bidder not to Benefit from Commissions, discounts, etc.

3.2.2 Bidder and Affiliates not to be otherwise interested in

Project.

3.2.3 Prohibition of Conflicting Activities.

3.3 Confidentiality.

3.4 Liability of the Bidder.

3.5 Insurance to be taken out by the Bidder.

3.6 Accounting, Inspection and Auditing

3.7 Bidder’s Actions requiring CIDCO’s prior Approval

3.8 Reporting Obligations

3.9 Documents prepared by the Bidder to be the Property of the

CIDCO.

3.10 Equipment and Materials furnished by the CIDCO

3.11 Providing Access to the Project Office and Personnel.

4.0 Bidder’s Personnel

4.1 General


Page | 53

4.2 Description of Personnel

4.3 Approval of Personnel

4.4 Working Hours, Overtime, Leave etc.

4.5 Removal and/or Replacement of Personnel

4.6 Resident Team Leader.

5.0 Obligations of the CIDCO

5.1 Facilitation and Exemptions.

5.2 Access to Land.

5.3 Change in the Applicable Law

5.4 Services, Facilities and Property of the CIDCO

5.5 Payment

6.0 Payment to the Bidder

6.1 Cost Estimates; Ceiling Amount

6.2 Currency of Payment

6.3 Mode of Billing and Payment

7.0 Responsibility for accuracy of the project document

7.1 General

7.2 Retention money

7.3 Penalty

7.4 Action for deficiency in services.

8.0 Fairness and Good Faith

8.1 Good Faith

8.2 Operation of the Contract

9.0 Settlement of Disputes

9.1 Amicable Settlement

9.2 Dispute Resolution

9.3 Conciliation

9.4 Arbitration


Page | 54

GENERAL CONDITIONS OF CONTRACT (GCC)

1.0 GENERAL PROVISIONS

1.1 Definitions

Unless the context otherwise requires, the following terms whenever

used in this Contract have the following meanings:

(a) “Applicable Law” means the laws and any other instruments

having the force of law in India as they may be issued and

in force from time to time;

(b) ‘Bidder’ means the Agency or the software provider appointed

by CIDCO for the purpose of rendering various services under

this RFP.

(c) “Contract” means the Agreement signed by the Parties, to

which these General Conditions of Contract are attached,

together with all the documents listed in Clause 1 of such

signed Agreement;

(d) “Effective Date” means the date on which this Contract comes

into force and effect pursuant to Clause GCC 2.1;

(e) “Expatriate currency” means any currency other than the

currency of the Government;

(f) “GCC” means these General Conditions of Contract;

(g) “Government” means the Government of Maharashtra;

(h) “Resident currency” means the currency of the Government of

India;

(i) “Member”, means the Bidder ;

(j) “Personnel” means persons hired by the Bidder and assigned

to the performance of the Services or any part thereof;


Page | 55

“Expatriate Personnel” means such persons who at the time

of being so hired had their domicile outside India; and

“Resident Personnel” means such persons who at the time of

being so hired had their domicile inside India;

(k) “Party” means the CIDCO or the Bidder , as the case may be,

and Parties means both of them;

(l) “Services” means the work to be performed by the

Bidder pursuant to this Contract, as described in the

Terms of Reference hereto;

(m) “SCC” means the Special Conditions of Contract by which

these General Conditions of Contract may be amended or

supplemented;

(n) “Third Party” means any person or entity other than

the Government, the CIDCO, the Bidders.

(o) “CIDCO” means City & Industrial Development Corporation of

Maharashtra Limited

1.2 Relation between the Parties

Nothing contained herein shall be construed as establishing a

relation of master and servant or of agent and principal as between

the CIDCO and the Bidder . The Bidder , subject to this Contract,

have complete charge of Personnel performing the Services and shall

be fully responsible for the Services performed by them or on their

behalf hereunder.

1.3 Law Governing the Contract

This Contract, its meaning and interpretation, and the relation

between the Parties shall be governed by the Applicable Indian Law.

1.4 Language

This Contract has been executed in the English language, which shall

be the binding and controlling language for all matters relating to the

meaning or interpretation of this Contract.


Page | 56

1.5 Heading

The headings shall not limit, alter or affect the meaning of this

Contract.

1.6 Notices

1.6.1 Any notice, request or consent required or permitted to be given or

made pursuant to this Contract shall be in writing. Any such notice,

request or consent shall be deemed to have been given or made

when delivered in person to an authorized representative of

the Party to whom the communication is addressed, or

when sent by registered mail, telex, telegram or facsimile to

such Party at the address specified in the SCC.

1.6.2 Notice will be deemed to be effective as following:

(i) In the case of personal delivery or registered mail, on delivery;

(ii) In case of Fax, on delivery and confirmation;

(iii) In case of e-mail, on delivery.

1.6.3 A party may change its address for notice hereunder by giving

the other Party notice of such change pursuant to the

provisions listed in the SCC with respect to Clause GCC 1.6.2.

1.7 Location

The Services shall be performed at such locations as are specified in

Letter of Award hereto and, where the location of a particular

task is not so specified, at such locations, whether in India or

elsewhere, as the CIDCO may approve.

1.8 Authority of Member in Charge

1.9 Authorized Representatives

Any action required or permitted to be taken, and any document

required or permitted to be executed, under this Contract

by the CIDCO or the Bidder may be taken or executed by the

officials specified in the SCC.


Page | 57

1.10 Taxes and Duties

Unless otherwise specified in the SCC, the Bidder shall pay all

such taxes, duties, fees and other impositions as may be levied

under the Applicable Law.

For day to day monitoring of the assigned works/ services and

correspondence with the Bidder under this Contract, the CIDCO may

appoint an official as specified in SCC. Such official will be

responsible for recommending payment, arranging meetings,

receiving submittals from Bidder and arranging approvals of the

CIDCO wherever required as per this Contract.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION

OF CONTRACT

2.1 Effectiveness of Contract

This Contract shall come into force and effect on the date of the

CIDCO’s notice to the Bidder instructing the Bidder to begin carrying

out the Services. This notice shall confirm that the effectiveness

conditions, if any, listed in the SCC have been met.

2.2 Termination of Contract for Failure to Become Effective

If this Contract has not become effective within such time period

after the date of the Contract signed by the Parties as shall be

specified in the SCC, either Party may, by not less than four (4)

weeks’ written notice to the other Party, declare this Contract to be

null and void, and in the event of such a declaration by either Party,

neither Party shall have any claim against the other Party with

respect to such termination or relating in any manner to this

Contract.

2.3 Commencement of Services

The Bidder shall begin carrying out the Services at the end of such

time period after the Effective Date as shall be specified in the SCC.

2.4 Expiration of Contract


Page | 58

Unless terminated earlier pursuant to Clause GCC 2.9 hereof, this

Contract shall expire when services have been completed and all

payments have been made at the end of such time period after the

Effective Date as shall be specified in the SCC.

2.5 Entire Agreement

This Contract contains all covenants, stipulations and provisions

agreed by the Parties. No agent or representative of either Party has

authority to make, and the Parties shall not be bound by or be

liable for, any statement, representation, promise or agreement

not set forth herein.

2.6 Modification

Modification of the terms and conditions of this Contract,

including any modification of the scope of the Services, may

only be made by written agreement between the Parties and

each party shall give due consideration to any proposals for

modification made by the other party.

2.7 Force Majeure

2.7.1 Definition

a) For the purposes of this Contract, “Force Majeure” means an

event which is beyond the reasonable control of a Party, and

which makes a Party’s performance of its obligations

hereunder impossible or so impractical as reasonably to

be considered impossible in the circumstances, and

includes, but is not limited to, war, riots, civil disorder,

earthquake, fire, explosion, storm, flood or other adverse

weather conditions, strikes, lockouts or other

industrial action (except where such strikes, lockouts or

other industrial action are within the power of the Party

invoking Force Majeure to prevent), confiscation or any other

action by government agencies.


Page | 59

b) Force Majeure shall not include (i) any event which is caused by

the negligence or intentional action of a Party or such

Party’s agents or employees, nor (ii) any event which a

diligent Party could reasonably have been expected to both (a)

take into account at the time of the conclusion of this Contract

and (b) avoid or overcome in the carrying out of its obligations

hereunder.

c) Force Majeure shall not include insufficiency of funds or failure to

make any payment required hereunder.

2.7.2 No Breach of Contract

The failure of a Party to fulfil any of its obligations hereunder shall

not be considered to be a breach of, or default under, this Contract

insofar as such inability arises from an event of Force Majeure,

provided that the Party affected by such an event has taken all

reasonable precautions, due care and reasonable alternative

measures, all with the objective of carrying out the terms and

conditions of this Contract.

2.7.3 Measures to be Taken

(a) A party affected by an event of Force Majeure shall take

all reasonable measures to remove such Party’s inability to

execute its obligations hereunder with a minimum of delay.

(b) A party affected by an event of Force Majeure shall notify the

other Party of such event as soon as possible, and in any event

not later than fourteen (14) days following the occurrence

of such event, providing evidence of the nature and cause of

such event, and shall similarly give notice of the restoration of

normal conditions as soon as possible.

(c) The Parties shall take all reasonable measures to minimize the

consequences of any event of Force Majeure.


Page | 60

2.7.4 Extension of Time

Any period within which a Party shall, pursuant to this Contract,

complete any action or task, shall be extended for a period equal to

the time during which such Party was unable to perform such

action as a result of Force Majeure.

2.7.5 Consultation

Not later than thirty (30) days after the Bidder , as the result of an

event of Force Majeure, have become unable to perform a material

portion of the Services, the Parties shall consult with each other with

a view to agreeing on appropriate measures to be taken in the

circumstances.

2.8 Suspension

The CIDCO may, by written notice of suspension to the Bidder ,

suspend all payments to the Bidder hereunder if the Bidder

shall be in breach of this Contract shall fail to perform any of their

obligations under this Contract, including the carrying out of the

Services, provided that such notice of suspension (i) shall specify the

nature of the breach or failure, and (ii) shall request the Bidder to

remedy such breach or failure within a period not exceeding thirty

(30) days after receipt by the Bidder of such notice of suspension.

2.9 Termination

2.9.1 By the CIDCO

The CIDCO may, by not less than thirty (30) days’ written

notice of termination to the Bidder (except in the event listed

in paragraph (f) below, for which there shall be a written notice of

not less than sixty (60) days), such notice to be given after the

occurrence of any of the events specified in paragraphs (a)

through (f) of this Clause 2.9.1, terminate this Contract:

(a) if the Bidder fails to remedy any breach hereof or any failure in

the performance of their obligations hereunder, as specified

in a notice of suspension pursuant to Clause 2.8


Page | 61

hereinabove, within thirty (30) days of receipt of such

notice of suspension or within such further period as the

CIDCO may have subsequently approved in writing;

(b) if the Bidder becomes (or, if the Bidder consist of more than

one entity, if any of their Members becomes) insolvent or

bankrupt or enter into any agreements with their creditors for

relief of debt or take advantage of any law for the benefit

of debtors or go into liquidation or receivership whether

compulsory or voluntary;

(c) if the Bidder fails to comply with any final decision reached as a

result of arbitration proceedings pursuant to Clause 9 hereof;

(d) if the Bidder submits to the CIDCO a statement which has

a material effect on the rights, obligations or interests of

the CIDCO and which the Bidder know to be false;

(e) if, as the result of Force Majeure, the Bidder is unable to

perform a material portion of the Services for a period of

not less than sixty (60) days; or

(f) if the CIDCO, in its sole discretion and for any reason

whatsoever, decides to terminate this Contract; or

(g) if any document, information, data or statements submitted

by the Bidder in its Proposals, based on which the Bidder

was considered Eligible or successful or has been issued the

LOA, is found to be false, incorrect or misleading to the extent

that had the true or correct information or data been

available with the CIDCO, the Bidder would have been

ineligible or unsuccessful.

2.9.2 By the Bidder

The Bidder may, by not less than thirty (30) day’s written notice to

the CIDCO, such notice to be given after the occurrence of any

of the events specified in paragraphs (a) through (d) of this Clause

2.9.2, terminate this Contract:


Page | 62

(a) if the CIDCO fails to pay any money due to the Bidder pursuant to

this Contract and not subject to dispute pursuant to Clause

9 hereof within forty-five (45) days after receiving written notice

from the Bidder that such payment is overdue;

(b) if the CIDCO is in material breach of its obligations pursuant to

this Contract and has not remedied the same within forty-five (45)

days (or such longer period as the Bidder may have

subsequently approved in writing) following the receipt by

the CIDCO of the Bidder ‘s notice specifying such breach;

(c) if, as the result of Force Majeure, the CIDCO is unable to

perform a material portion of the Services for a period of

not less than sixty (60) days; or

(d) if the CIDCO fails to comply with any final decision reached

as a result of arbitration pursuant to Clause 9 hereof within a

period of 60 days

2.9.3 Cessation of Rights and Obligations

Upon termination of this Contract pursuant to Clauses 2.2 or 2.9

hereof, or upon expiration of this Contract pursuant to Clause

2.4 hereof, all rights and obligations of the Parties hereunder shall

cease, except (i) such rights and obligations as may have

accrued on the date of termination or expiration, (ii) the

obligation of confidentiality set forth in Clause 3.3 hereof, (iii)

the Bidder ‘s obligation to permit inspection, copying and

auditing of their accounts and records set forth in Clause 3.6 (ii)

hereof, and any right which a Party may have under the Applicable

Law.

2.9.4 Cessation of Services

Upon termination of this Contract by notice of either Party to

the other pursuant to Clauses 2.9.1 or 2.9.2 hereof, the Bidder shall,

immediately upon dispatch or receipt of such notice, take all

necessary steps to bring the Services to a close in a prompt and


Page | 63

orderly manner and shall make every reasonable effort to keep

expenditures for this purpose to a minimum. With respect to

documents prepared by the Bidder and equipment and materials

furnished by the CIDCO, the Bidder shall proceed as provided,

respectively, by Clauses 3.9 or 3.10 hereof.

2.9.5 Payment upon Termination

Upon termination of this Contract pursuant to Clauses 2.9.1 or 2.9.2

hereof, the CIDCO shall make the following payments to the

Bidder (after offsetting against these payments any amount that

may be due from the Bidder to the CIDCO):

(i) remuneration pursuant to Clause 6 hereof for Services

satisfactorily performed prior to the effective date of

termination;

(ii) reimbursable expenditures pursuant to Clause 6

hereof for expenditures actually incurred prior to

the effective date of termination; and

(iii) except in the case of termination pursuant to paragraphs (a)

through of Clause 2.9.1 hereof, reimbursement of any

reasonable cost incident to the prompt and orderly

termination of the Contract including the cost of the return

travel of the Bidder ‘s personnel.

2.9.6 Disputes about Events of Termination:

If either Party disputes whether an event specified in paragraphs (a)

through (e) of Clause 2.9.1 or in Clause 2.9.2 hereof has occurred,

such Party may, within forty-five (45) days after receipt of notice

of termination from the other Party, refer the matter to arbitration

pursuant to Clause 9 hereof, and this Contract shall not be

terminated on account of such event except in accordance with

the terms of any resulting arbitral award.


Page | 64

3. OBLIGATIONS OF THE BIDDER

3.1 General

3.1.1 Standard of Performance

The Bidder shall perform the Services and carry out their

obligations hereunder with all due diligence, efficiency and

economy, in accordance with generally accepted professional

techniques and practices, and shall observe sound management

practices, and employ appropriate advanced technology and safe

and effective equipment, machinery, materials and methods. The

Bidder shall always act, in respect of any matter relating to this

Contract or to the Services, as faithful advisers to the CIDCO,

and shall at all times support and safeguard the CIDCO’s legitimate

interests in any dealings with Third Parties.

3.1.2 Law Governing Services

The Bidder shall perform the Services in accordance with

the Applicable Indian Law and shall take all practicable steps to

ensure that Personnel and agents of the Bidder, comply with the

Applicable Law. The CIDCO shall advise the Bidder in writing of

relevant Resident customs and the Bidder shall, after such

notifications, respect such customs.

3.2 Conflict of Interests

3.2.1 Bidder not to Benefit from Commissions, Discounts, etc.

The remuneration of the Bidder pursuant to Clause 6 hereof

shall constitute the Bidder ‘s sole remuneration in connection

with this Contract or the Services and the Bidder shall not accept

for their own benefit any trade commission, discount or similar

payment in connection with activities pursuant to this Contract

or to the services or in the Discharge of their obligations

hereunder, and the Bidder shall use its best efforts to ensure

that the Personnel and agents of them, similarly shall not receive

any such additional remuneration.


Page | 65

3.2.2 Bidder and Affiliates not to be otherwise interested in Project

The Bidder agrees that, during the term of this Contract and

after its termination, the Bidder and any entity affiliated with the

Bidder shall be disqualified from providing goods, works or

services (other than the Services and any continuation thereof)

for any project resulting from or closely related to the Services.

3.2.3 Prohibition of Conflicting Activities

Neither the Bidder nor their Personnel shall engage, either directly

or indirectly, in any of the following activities:

(a) during the term of this Contract, any business or

professional activities in India which would conflict with the

activities assigned to them under this Contract; or

(b) after the termination of this Contract, such other activities as

may be specified in the SCC.

3.3 Confidentiality

The Bidder , its Personnel shall not, either during the term or

within two years after the expiration or termination of this Contract

disclose any proprietary information, including information relating

to reports, data, drawings, designs software or other material,

whether written or oral, in electronic or magnetic format, and the

contents thereof; and any reports, digests or summaries created or

derived from any of the foregoing that is provided by the CIDCO to

the Bidder , its Personnel; any information provided by or relating

to the CIDCO, its technology, technical processes, business affairs or

finances or any information relating to the CIDCO’s employees,

directors, officers or other professionals or suppliers, customers, or

contractors of the CIDCO, and any other information which the

Bidder is under an obligation to keep confidential in relation to

the Project, the Services, this Contract (“Confidential Information”)

without the prior written consent of the CIDCO.


Page | 66

Notwithstanding the aforesaid, the Bidder, its Personnel may disclose

Confidential Information to the extent that such Confidential

Information:

(i) is required to be disclosed by Law or judicial or

administrative or arbitral process or by any Governmental

Instrumentalities, provided that for any such disclosure, the

Bidder , its Personnel shall give the CIDCO, prompt written

notice, and use reasonable efforts to ensure that such

disclosure is accorded confidential treatment ;

(ii) is provided to the professional advisors, agents,

auditors or representatives of the Bidder or its Personnel, as

is reasonable under the circumstances; provided,

however, that the Bidder or its Personnel, as the case may

be, shall require their professional advisors, agents, auditors

or its representatives, to undertake in writing to keep

such Confidential Information, confidential and shall use its

best efforts to ensure compliance with such undertaking.

3.4 Liability of the Bidder

Subject to additional provisions, if any, set forth in the SCC, the

Bidder’s liability under this Contract shall be as provided by the

Applicable Law.

3.5 Insurance to be taken out by the Bidder

The Bidder (i) shall take out and maintain, and shall cause

any Sub-Bidder to take out and maintain, at its own cost but on

terms and conditions approved by the CIDCO, insurance against the

risks, and for the coverage, as shall be specified in the Special

Conditions (SCC), and (ii) within 15 (fifteen) days of receiving any

insurance policy certificate in respect of insurances required to

be obtained and maintained under this clause, the Bidder shall

furnish to the CIDCO, copies of such policy certificates, copies

of the insurance policies and evidence that the insurance premium


Page | 67

have been paid in respect of such insurance. No insurance shall be

cancelled, modified or allowed to expire or lapse during the terms

of this Contract. (iii) if the Bidder fails to effect and keep in

force the aforesaid insurances for which it is responsible

pursuant hereto, the CIDCO shall apart from having other

recourse available under this Contract have the option without

prejudice to the obligations of the Bidder , to take out the

aforesaid insurance, to keep in force any such insurances, and

pay such premium and recover the costs thereof from the Bidder ,

and the Bidder shall be liable to pay such amounts on demand by

the CIDCO. (iv) the insurance policies so procured shall mention

the CIDCO as the beneficiary of the Bidder and the Bidder shall

procure an undertaking from the insurance company in this regard.

3.6 Accounting, Inspection and Auditing

The Bidder (i) shall keep accurate and systematic accounts and

records in respect of the Services hereunder, in accordance with

internationally accepted accounting principles and in such form and

detail as will clearly identify all relevant time charges and cost, and

the bases thereof (including the bases of the Bidder ‘s costs and

charges), and (ii) shall permit the CIDCO or its designated

representative periodically, and up to one year from the expiration or

termination of this Contact, to inspect the same and make copies

thereof as well as to have them audited by auditors appointed by the

CIDCO.

3.7 Bidder‘s Actions requiring CIDCO’s prior Approval

The Bidder shall obtain the CIDCO’s prior approval in writing

before taking any of the following actions:

(a) appointing such members of the Personnel as are not listed

in Appendices;

(b) any other action that may be specified in the SCC.


Page | 68

3.8 Reporting Obligations

The Bidder shall submit to the CIDCO the reports and

documents specified in the Scope of Work and Appendices of the

Contract, in the form, in the numbers and within the time periods set

forth therein.

3.9 Documents prepared by the Bidder to be the Property of the CIDCO

All the software, developed or customised for the present

assignment, reports and other documents prepared by the Bidder

in performing the Services shall become and remain the property

of the CIDCO, and the Bidder shall, not later than upon

termination or expiration of this Contract, deliver all such documents

to the CIDCO, together with a detailed inventory thereof. The

Bidder may retain a copy of such documents. Restrictions about the

future use of these documents shall be as specified in the SCC.

3.10 Equipment, Documents and Materials furnished by the CIDCO

Equipment, Documents and materials made available to the Bidder by

the CIDCO, or purchased by the Bidder with funds provided by the

CIDCO, shall be the property of the CIDCO and shall be marked

accordingly. Upon termination or expiration of this Contract, the

Bidder shall make available to the CIDCO an inventory of such

equipment and materials and shall dispose of such equipment and

materials in accordance with the CIDCO’s instructions. While in

possession of such equipment and materials, the Bidder , unless

otherwise instructed by the CIDCO in writing, shall insure them in an

amount equal to their full replacement value.

3.11 Providing Access to Project Office and Personnel

Bidder shall ensure that CIDCO, his Authorized Representative,

CIDCO’s Representative and any other Official of the CIDCO having

such an authority from CIDCO is provided unrestricted access to

the Project Office and all Bidder’s Personnel working there under

this Contract during the office working hours. CIDCO’s any such


Page | 69

official shall have full right to inspect the works in progress,

interact with Bidder ‘s personnel and verify the records for his

satisfaction. Bidder shall keep apprised all his personnel all the time

about this obligation so that they provide due regard and assist

CIDCO’s official in discharging his duty.

4.0 BIDDER ‘S PERSONNEL

4.1 The Bidder shall employ and provide such qualified and experienced

Personnel as are required to carry out the Services.

4.2 Description of Personnel

(a) The titles, agreed job descriptions, minimum

qualification and estimated periods of engagement in

carrying out the Services of each of the Bidder ‘s Personnel

are described in Appendices of the Contract.

(b) If required to comply with the provisions of Clause 3.1.1

of this GCC, adjustments with respect to the

estimated periods of engagement of Personnel set forth in

aforementioned Appendix may be made by the Bidder by

written notice to the CIDCO, provided that such adjustments

shall not alter the originally estimated period of

engagement of any individual by more than 10% or one

week, whichever is larger, and (ii) that the aggregate of

such adjustments shall not cause payments under the Contract

to exceed the ceilings set forth in Clause 6.1 (b) of this GCC.

Any other such adjustments shall only be made with the

CIDCO’s written approval.

(c) If additional work is required beyond the scope of the

Services specified in the Terms of Reference, the

estimated periods of engagement of Personnel, set forth

in the Appendices of Contract may be increased by

agreement in writing between the CIDCO and the Bidder ,

provided that any such increase shall not, except as otherwise


Page | 70

agreed, cause payments under this Contract to exceed the

ceilings set forth in Clause 6.1 (b) of this GCC.

4.3 Working Hours, Overtime, Leave, etc.

(a) Working hours and holidays for Personnel are set forth in

Appendices of Contract.

(b) The Key Personnel shall not be entitled to be paid for overtime

nor to take paid sick leave or vacation leave. The Bidder‘s

remuneration shall be deemed to cover these items. All leave to be

allowed to the Personnel is included in the personnel man days of

service set for in Appendices. Any taking of leave by Personnel

on account of unforeseen circumstances shall be subject to the prior

approval of the CIDCO and the Bidder shall ensure that absence

for leave purposes will not delay the progress of the Services.

4.4 Removal and/or Replacement of Personnel

a) The CIDCO expects all of the proposed Key Personnel to be available

during implementation of the contract. The CIDCO will not consider

substitutions during contract implementation except under

exceptional circumstances upto a maximum of 1 Key Personnel

(considering equal weightage for each Key Personnel) and that too

by only equally or better qualified and experienced personnel.

During the course of providing services, Substitution of key

personnel shall attract penalty of 5% of the contract value.

b) If the CIDCO (i) finds any of the personnel has committed serious

misconduct or has been charged with having committed a criminal

action, or (ii) has reasonable cause to be dissatisfied with the

performance of any of personnel, then the Bidder shall, at the

CIDCO’S written request specifying the grounds there for, forthwith

provide as a replacement a person with qualifications and experience

acceptable to the CIDCO with no cost implication.


Page | 71

4.5 Resident Team Leader

If required by CIDCO, the Bidder shall ensure that at all times during

the Bidder’s performance of the Services, a resident Team

Leader as approved by the CIDCO, shall take charge of the

performance of such Services.

4.6 Recovery of Liquidated Damages

4.6.1 The parties agree that the fee linked milestones listed in Payment

Schedule are the most critical milestones for the timely execution of

the Project.

4.6.2 In the event of the Bidder fails to achieve the milestones listed in

Appendix “A” for the reasons solely attributed to the Bidder, on or by

which date such particular milestone is to be performed, as set forth

in Appendix “A”, the Bidder shall pay CIDCO Ltd. As liquidated

damages equivalent to 0.35% of the project fee per week, for each

day of delay subjected to maximum of 5% (five percent) of the total

fee.

4.6.3 CIDCO Ltd. May without prejudice to any other method of recovery,

deduct the amount of damages from any money due or which may

become due to the Bidder. The payment of such damages shall be

the Bidders sole liability and CIDCO Ltd. Exclusive remedy or delay in

performance of the services and shall be limited to 5% (five percent)

of the total fee receivable by the Bidder.

4.6.4 In case of further noncompliance of any terms & conditions mentioned

above, CIDCO will have the right to cancel the contract without

assigning any reason therefore.

4.6.5 The parties recognized that it is extremely difficult, if not possible,

to accurately calculate actual damages caused by delay, and as a

result thereof, the parties have agreed that the damages for delay

specified in this article represents a reasonable estimate as to what

the actual damages would like to be to CIDCO Ltd. In the event of a


Page | 72

delay, and that such delay damages due and payable hereunder shall

be payable as liquidated damages and not as a penalty.

5.0 OBLIGATION OF THE CIDCO

5.1 Facilitation and Exemptions

Unless otherwise specified in the SCC, the CIDCO shall use its best

efforts to ensure that the Government shall:

a) provide the Bidder and its Personnel such other documents

as shall be necessary to enable the Bidder or its Personnel

to perform the Services;

b) facilitation for the Personnel and, if appropriate, their eligible

dependents to be provided promptly with all supporting

papers for necessary entry and exit visas, residence

permits, exchange permits and any other documents

required for their stay in India;

c) facilitate prompt clearance through customs of any

property required for the Services;

d) issue to officials, agents and representatives of the

Government all such instructions as may be necessary or

appropriate for the prompt and effective implementation of

the Services;

5.2 Change in the Applicable Law

If, after the date of this Contract, there is any change in the

Applicable Law with respect to taxes and duties which increases

or decreases the cost or reimbursable expenses incurred by

the Bidder in performing the Services, then the

remuneration and reimbursable expenses otherwise payable to

the Bidder under this Contract shall be increased or

decreased accordingly by agreement between the Parties

hereto, and corresponding adjustments shall be made to the ceiling

amounts specified in Clause 6.1(b).


Page | 73

6.0 PAYMENT TO THE BIDDER

6.1 Cost Estimates and Ceiling Amount

(a) An abstract of the cost of the Services payable in Indian Rupees

is set forth in appendices to the Contract.

(b) Except as may be otherwise agreed under Clause 2.6 and subject

to Clause 6.1(c), the payments under this Contract shall not

exceed the ceiling specified in the SCC. The Bidder shall notify

the CIDCO as soon as cumulative charges incurred for the

Services have reached 80% of the ceiling.

(c) Notwithstanding Clause 6.1(b) hereof, if pursuant to Clauses

5.2 hereof, the Parties shall agree that additional payments

shall be made to the Bidder in order to cover any

necessary additional expenditures not envisaged in the cost

estimates referred to in Clause 6.1(a) above, the ceiling set

forth in Clause 6.1(b) above shall be increased by the amount

or amounts, as the case may be, of any such additional

payments.

6.2 Currency of Payment

The payment shall be made in Indian Rupees.

6.3 Mode of Billing and Payment

Billing and payments in respect of the Services shall be made to the

Bidder as per the payment Schedule given in the Appendix “A”.

(i) No payment shall become eligible for the stage till the Bidder

completes to the satisfaction of the CIDCO the work

pertaining to the preceding stage as the case.

(ii) The CIDCO shall pay to the Bidder, only the undisputed

amount.

(iii) The final payment under this Clause shall be made only

after the final report and a final statement, identified as

such, shall have been submitted by the Bidder and


Page | 74

approved as satisfactory by the CIDCO Representative.

The Services shall be deemed completed and finally

accepted by the CIDCO and the final report and final

statement shall be deemed approved by the CIDCO as

satisfactory ninety (90) calendar days after receipt of the

final report and final statement by the CIDCO unless the

CIDCO within such ninety (90) day period, gives written

notice to the Bidder specifying in detail deficiencies in

the Services, the final report or final statement. The

Bidder shall thereupon promptly make any necessary

corrections, and upon completion of such corrections, the

foregoing process shall be repeated. Any amount which the

CIDCO has paid or caused to be paid in accordance with

this Clause in excess of the amounts actually payable in

accordance with the provisions of this Contract shall be

reimbursed by the Bidder to the CIDCO within thirty (30)

days after receipt by the Bidder of notice thereof.

Any such claim by the CIDCO for reimbursement must

be made within twelve (12) calendar months after receipt by

the CIDCO of a final report and a final statement

approved by the CIDCO in accordance with the above.

7. RESPONSIBILITY FOR ACCURACY OF PROJECT DOCUMENTS

7.1 General

The Bidder shall be responsible for accuracy of the data

collected, by him directly or procured from other

agencies/authorities, the designs, drawings, estimates and all

other details prepared by him as part of these services. He shall

indemnify the CIDCO against any inaccuracy in the work which might

surface during implementation of the project. The Bidder will also

be responsible for correcting, at his own cost and risk, the

drawings including any re-survey /investigations and correcting layout

etc. If required during the execution of the Services.


Page | 75

7.1.2 The Bidder shall be fully responsible for the deployment of the

software product along with customisation and other data of the

Project area. All the deliverables for the Project area including all

their components shall be fully checked by a CIDCO’s representative.

7.2 Action for Deficiency in Services

7.2.1 Bidder‘s liability towards the CIDCO

Bidder shall be liable to indemnify the CIDCO for any direct

loss or damage to the extent of his services accrued or likely to

accrue due to deficiency in service rendered by him.

7.2.2 Warning / Debarring

In addition to the liquidated damages not amounting to

penalty as mentioned in Clause 7.2, warning may be issued to the

erring Bidder for minor deficiencies. In the case of major deficiencies

in the documents, report causing adverse effect on reputation of

CIDCO, other penal action including debarring for certain period may

also be initiated as per policy of CIDCO.

8.0 FAIRNESS AND GOOD FAITH

8.1 Good Faith

The Parties undertake to act in good faith with respect to each

other’s rights under this Contract and to adopt all reasonable

measures to ensure the realization of the objectives of this

Contract.

8.2 Operation of the Contract

The Parties recognize that it is impractical in this Contract to

provide for every contingency which may arise during the life of the

Contract, and the Parties hereby agree that it is their intention that

this Contract shall operate fairly as between them, and without

detriment to the interest of either of them, and that, if during

the term of this Contract either Party believes that this Contract is

operating unfairly, the Parties will use their best efforts to agree on


Page | 76

such action as may be necessary to remove the cause or causes of

such unfairness, but no failure to agree on any action pursuant

to this Clause shall give rise to a dispute subject to arbitration in

accordance with Clause 9 hereof.

9.0 SETTLEMENT OF DISPUTES

9.1 Amicable Settlement

The Parties shall use their best efforts to settle amicably all disputes

arising out of or in connection with this Contract or the interpretation

thereof.

9.2 Dispute resolution

a) Any dispute, difference or controversy of whatever nature

howsoever arising under or out of or in relation to this

Contract (including its interpretation) between the Parties,

and so notified in writing by either Party to the other Party

(the “Dispute”) shall, in the first instance, be attempted to

be resolved amicably in accordance with the conciliation

procedure set forth in Clause 9.3.

b) The Parties agree to use their best efforts for resolving all

Disputes arising under or in respect of this Contract promptly,

equitably and in good faith, and further agree to provide each

other with reasonable access during normal business hours to

all non-privileged records, information and data pertaining to

any Dispute.

9.3 Conciliation

In the event of any Dispute between the Parties, either Party may

call upon the decision making authorities in the respective

organizations for amicable settlement, and upon such reference, the

said persons shall meet no later than 7 (seven) days from the date of

reference to discuss and attempt to amicably resolve the Dispute. If

such meeting does not take place within the 7 (seven) day

period or the Dispute is not amicably settled within 15 (fifteen)


Page | 77

days of the meeting or the Dispute is not resolved as evidenced

by the signing of written terms of settlement within 30 (thirty)

days of the notice in writing referred to in Clause 9.2 b) or such

longer period as may be mutually agreed by the Parties, either Party

may refer the Dispute to arbitration in accordance with the

provisions of Clause 9.4.

9.4 Arbitration

9.4.1 Any Dispute which is not resolved amicably by conciliation, as

provided in Clause 9.3, shall be finally decided by reference to

arbitration by a Board of Arbitrators appointed in accordance with

Clause 9.4.2. Such arbitration shall be held in accordance

with the Rules of Arbitration of the International Centre for

Alternative Dispute Resolution, New Delhi (the “Rules”), or such

other rules as may be mutually agreed by the Parties, and shall be

subject to the provisions of the Arbitration and Conciliation

Act. The venue of such arbitration shall be Mumbai, and the

language of arbitration proceedings shall be English.

9.4.2 There shall be a Board of three arbitrators, of whom each Party shall

select one, and the third arbitrator shall be appointed by the

two arbitrators so selected, and in the event of disagreement

between the two arbitrators, the appointment shall be made in

accordance with the Rules.

9.4.3 The arbitrators shall make a reasoned award (the “Award”). Any

Award made in any arbitration held pursuant to this Clause 9

shall be final and binding on the Parties as from the date it is

made, and the Bidder and CIDCO agree and undertake to carry

out such Award without delay.

9.4.4 The Bidder and the CIDCO agree that an Award may be enforced

against the Bidder and/or the CIDCO, as the case may be, and their

respective assets wherever situated.


Page | 78

9.4.5 This Agreement and the rights and obligations of the Parties shall

remain in full force and effect, pending the Award in any

arbitration proceedings hereunder.




Page | 79

SPECIAL CONDITIONS OF CONTRACT

(SCC)


Page | 80

SPECIAL CONDITIONS OF CONTRACT

GCC

Cl. No.

SCC

Cl.No.

Amendments of and Supplements to, Clauses in the

General Conditions of Contract

1.6.1

1

CIDCO:

The addresses are:

The V.C. & M.D.,

City & Industrial Development Corporation of Maharashtra Ltd.,

2nd floor, C.B.D., Belapur,

Navi Mumbai-400 614.

MAHARASHTRA

INDIA.

Attention:

ACP (NAINA)

City and Industrial Development Corporation of Maharashtra Ltd.

Tower no.10, 3rd Floor, Belapur Railway Station Complex,

C.B.D., Belapur, Navi Mumbai-400 614, Maharashtra, INDIA

Tel: 91 22 – 61365260, Fax: 91 22 61365255

For the Bidder :

(to be filled)

……………………………………………………….

……………………………………………………….

Attention :

1) ……………………………………………………….

……………………………………………………….


Page | 81

GCC

Cl. No.

SCC

Cl.No.



2) ……………………………………………………….

……………………………………………………….

( to be filled)

1.8

2

The Authorized Representatives are:

CIDCO:

ACP (NAINA)

CIDCO of Maharashtra Ltd.

3rd Floor, Tower no.10, Belapur Railway Station Complex

Navi Mumbai-400 614,

Maharashtra INDIA

Tel: 91 22 – 61365260, Fax: 91 22 61365255

Associate Planner (NAINA)


3rd Floor, Tower no.10, Belapur Railway Station Complex,

CBD, Belapur,


Tel: 91 22 - 61365240

Bidder :

1) ……………………………………………………….

……………………………………………………….

2) ……………………………………………………….

……………………………………………………….

( to be filled)


Page | 82

GCC

Cl. No.

SCC

Cl.No.



1.10

3

The Bidder and their Personnel shall pay the taxes,

duties, fees, levies and other impositions levied under

the existing, amended or enacted laws (prevailing 7 days

before the last date of submission of bids) during life of

this contract and the CIDCO shall perform such duties in

regard to the deduction of such tax as may be lawfully

imposed.

1.11 4 The CIDCO’s Representatives are :

ACP (NAINA)




Maharashtra INDIA

Tel: 91 22 – 61365260, Fax: 91 22 61365255

Associate Planner (NAINA)


3rd Floor, Tower no.10, Belapur Railway Station Complex,CBD, Belapur,


Tel: 91 22 - 61365240

2.1

5

The effectiveness conditions are the following:

a) The Bidder will furnish within 10 days of the issue of

letter of award, an unconditional Bank Guarantee from

a Scheduled / Nationalized Bank in India located in Mumbai

for an amount equivalent to 5 % of the total contract

value to be received by him towards Performance

Security valid for a period of six months beyond the date of


Page | 83

GCC

Cl. No.

SCC

Cl.No.



completion of services. The CIDCO shall have the right

to en cash and appropriate proceeds of the said Bank

Guarantee, in whole or in part, without notice to the Bidder

in the following situations-

i) Non completion of the Services within the agreed

time frame;

ii) Non-compliance with Standards of Service

performance and requirements, in accordance with

the terms hereof;

iii) Failure to provide adequate insurance’s in terms of

the Contract;

iv) Shortfall in the performance of Services by the

Bidder

v) Any other breach or non-performance of its

obligations by the Bidder under this Contract.

vi) Termination of this Contract by the CIDCO pursuant

to sub-clauses (a) through (d) or (g) of Clause 2.9.1

of GCC.

In the event any portion of the Bank Guarantee is

encashed pursuant by the CIDCO, then immediately

following such encashment, the Bidder shall replenish the

Bank Guarantee within one (1) month of its encashment, the

CIDCO shall have the right to encash the entire Bank

Guarantee, or take such steps that may deem necessary.

(b) The Bidder shall sign the Contract Agreement within 15

days of the issue of Letter of Award. The Contract shall

come into force and effect on the date of signing which shall

be deemed to be the effective date.


Page | 84

GCC

Cl. No.

SCC

Cl.No.



2.4

6

The time period shall be such other time period as the

parties may agree in writing.

3.3 7 Successful bidder has to sign the Non- Disclosure Agreement

(Appendix C) with CIDCO.

3.4

8

Limitation of the Bidder ‘s Liability towards the CIDCO:

(a) Except in case of negligence or wilful misconduct on the

part of the Bidder or on the part of any person or firm

acting on behalf of the Bidder in carrying out the

Services, the Bidder , with respect to damage caused by

the Bidder to the CIDCO’s property, shall not be liable

to the CIDCO:

(i) for any indirect or consequential loss or

damage; and

(ii) for any direct loss or damage that exceeds (a)

the total payments for Professional Fees

and Reimbursable Expenditure made or

expected to be made to the Bidder

hereunder, or (b) the proceeds the

Bidder may be entitled to receive from

any insurance maintained by the Bidder to

cover such a liability, whichever of (a) or (b) is

higher.

(b) This limitation of liability shall not affect the Bidder‘s

liability, if any, for damage to Third Parties caused by the

Bidder or any person or firm acting on behalf of the

Bidder in carrying out the Services.

The risks and the coverage’s shall be as follows:


Page | 85

GCC

Cl. No.

SCC

Cl.No.



3.5 9 (a) Professional Liability Insurance – Bidder will maintain

at its expense; Professional Liability Insurance

including coverage for errors and omissions caused by

Bidder ‘s negligence, breach in the performance of

its duties under this Contract from an Insurance

Company permitted to offer such policies in India,

for a period of three years beyond completion of

contract commencing from the Effective Date, (a) For

an amount not exceeding total payments for

Professional Fees and Reimbursable Expenditures

made or expected to be made to the Bidder

hereunder or (b) the proceeds, the Bidder may be

entitled to receive from any insurance maintained by

the Bidder to cover such a liability, whichever of

(a) or (b) is higher with a minimum coverage of

[insert amount and currency].

(b) The indemnity limit in terms of “Any One Accident”

(AOA) and “Aggregate limit on the policy period”

(AOP) should not be less than the amount stated in the

contract

(c) Employer’s liability and workers’ compensation

insurance in respect of the Personnel of the

Bidder in accordance with the relevant provisions of

the Applicable Law, as well as, with respect to

such Personnel, any such life, health, accident,

travel or other insurance as may be appropriate;

and all insurances and policies should start from

the date of commencement of services and remain

effective as per relevant requirements of contract


Page | 86

GCC

Cl. No.

SCC

Cl.No.



agreement.

3.9 10 Any software, hardware, data, awards, certificates, patent,

etc. shall be absolute property of CIDCO. The Successful

bidder will transfer to CIDCO all Intellectual Property Rights

in the Software developed. The bidder shall relinquish to the

Department source code of the developed/ customised

software days from the date of acceptance of the system.

The source code supplied to the Department shall at all times

be a complete, accurate, and up-to-date copy corresponding

exactly to the current production release of the software.

The Bidder shall not use these documents for purposes

unrelated to this Contract without the prior written approval

of the CIDCO.

4.6 11 The Personnel designated as Team Leader/ in Appendices

shall serve as the Resident Team Leader/ in that capacity.

However Personnel designated as Dy. Project Manager shall

be responsible for day to day performance of the Services.

5.4 12 CIDCO shall not provide any facilities or services to the

Bidder.

6.3(b) 13 The stage-wise payment schedule shall be as provided in the

Appendices of the Contract as per Appendix “A”.




Page | 87

APPENDIX A

PAYMENT SCHEDULE AND COST OF ASSIGNMENT

Cost shall be disbursed against software/deliverables as given under.

Stage / Deliverables % of

Agreed Fee

Preparation and approval of System Requirement Study for CIDCO

10%

Installation and commissioning of developed software at CIDCO

20%

Delivery of final software with customisation and successful running of 10 Cases

5%

Successful completion of additional 15 cases. 5%

Completion of successful training. 5%

Development and deployment of GIS and SAP interface 5%

Balance 50% towards Operation and maintenance for three years, payment shall be on equated quarterly basis on production of bills for the services rendered.

• Successful bidder shall have to submit monthly report and payment will be linked with the successful adherence to maintenance.




Page | 88

Appendix B

BANK GUARANTEE FOR PERFORMANCE SECURITY

(On Stamp Paper of Rs. 200/-)

To,

The ACP (NAINA)

CIDCO of Maharashtra Ltd.,

3RD Floor, Tower no.10, Belapur Railway Station Complex,

C.B.D., Belapur, Navi Mumbai-400 614

MAHARASHTRA, INDIA.

In consideration of “City & Industrial Development Corporation of

Maharashtra Ltd., “CIDCO”, which expression shall, unless repugnant to

the context or meaning thereof include its successors, administrators and

assigns) having M/s.………………………………………………having

……………….. awarded its office to at (Hereinafter referred as the

“Software Development Firm”, which expression shall repugnant to the

context or meaning thereof, include its successors, administrators,

executors and assigns), a contract by issue of CIDCO’s Contract

Agreement no. /Letter of award No. ……..…………….. dated ………………

and the same having been unequivocally accepted by the Software

Provider, resulting in a Contract valued at Rs…………../-

(Rupees….………………….) excluding service tax and taxes payable

in India on income of Expatriate personnel working on behalf on the

Software Provider for “------------------------“ (hereinafter referred as the

“said Project”), and the Software Provider having agreed to furnish a Bank

Guarantee to the CIDCO as “Performance Security as stipulated by the

CIDCO in the said Contract for performance of the above Contract

amounting to Rs. ……………./-

(Rupees…………………………………………………………….……………………………….).


Page | 89

We, ……………………………..having registered office at …………….., a

body registered/constituted under the ……………………….(hereinafter

referred to as the Bank), which expression shall, unless repugnant to

the context or meaning thereof, include its successors, administrators,

executors and assigns) do hereby unconditionally guarantee and

undertake to pay the CIDCO immediately on demand any or, all money

payable by the Software Development Firm to the extent of

Rs. …………….. (Rupees………..…....................................……………..)

as aforesaid at any time up to ………..without any demur,

reservation, contest, recourse or protest and/or without any

reference to the Bidder. Any such demand made by the CIDCO on the bank

shall be conclusive and binding notwithstanding any difference between the

CIDCO and the Software Provider or any dispute pending before any Court,

Tribunal, Arbitrator or any other authority. We agree that the Guarantee

herein contained shall be irrevocable and shall continue to be enforceable

till the CIDCO discharges this guarantee.

The CIDCO shall have the fullest liberty without affecting in any way the

liability of the Bank under this Guarantee, from time to time to vary or to

extend the time for performance of the contract by the Software

Development Firm. The CIDCO shall have the fullest liberty without

affecting this guarantee, to postpone from time to time the exercise of any

powers vested in them or of any right which they might have against the

Bidder and to exercise the same at any time in any manner, and

either to enforce or to forbear to enforce any covenants, contained

or implied, in the Contract between the CIDCO and the Software

Development Firm any other course or remedy or security available to

the CIDCO. The bank shall not be relieved of its obligations under these

presents by any exercise by the CIDCO of its liberty with reference to the

matters aforesaid or any of them or by reason of any other act or

forbearance or other acts of omission or commission on the part of

the CIDCO or any other indulgence shown by the CIDCO or by any other

matter or thing whatsoever which under law would but for this provision

have the effect of relieving the Bank.


Page | 90

The Bank also agrees that the CIDCO at its option shall be entitled to

enforce this Guarantee against the Bank as a principal debtor, in the

first instance without proceeding against the Software Development Firm

and notwithstanding any security or other guarantee that the CIDCO may

have in relation to the Software Development Firm‘s liabilities. The CIDCO

shall be entitled to make unlimited number of demands under this Bank

Guarantee, provided that the aggregate of all sums paid shall not

exceed the Guaranteed amount.

The Bank shall make the payment hereunder against the receipt of a

demand without any proof for document, notwithstanding any dispute by

the Bidder, and such a demand shall be a conclusive evidence of the Banks

liability to pay the CIDCO.

The Bank Guarantee shall be continuing irrevocable obligation.

Any waivers, extensions of time or other forbearance given or variations

required under the Contract or any invalidity, unenforceability or illegality

of the whole or any part of the Contract or rights, of any Party

thereto, or amendment or other modification of the Contract, or any

other fact, circumstance, provision of statue of law which might, entitle

the Bank to be released in whole or in part from its undertaking,

were its liability to be secondary and not primary, shall not in any

way release the Bank from its obligations under this Bank Guarantee.

Any demands, shall be deemed to have been duly served: if

delivered by hand, when left at the property address for service; and

if given or made by pre-paid registered post or facsimile transmission,

when received.

This Bank Guarantee shall be governed by and construed in accordance with

the laws of the Republic of India and the parties to this Bank Guarantee

hereby submit to the jurisdiction of the Courts of _________ for the

purposes of settling any disputes or differences which may arise out of or in

connection with this Bank Guarantee, and for the purposes of enforcement

under this Bank Guarantee


Page | 91

Notwithstanding anything contained herein,

a) Our liability under this Bank Guarantee is limited to

Rs. ………………. (Rupees……………………………) 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

M/s………………….…., on whose behalf this guarantee has been

given.

b) This Bank Guarantee shall be valid up to …………..

c) We are liable to pay the guaranteed amount or any part thereof

under this Bank Guarantee only and only if Bidders serve upon

us a written claim or demand on or before ……………(date of

expiry of Guarantee).

(Signature of the Authorised Official)

(Name & Designation with Bank Stamp)

NOTE:

(i) The bank guarantee(s) contains the name, designation and code

number of the officer(s) signing the guarantee(s).

(ii) The address, telephone no. And other details of the Head Office of

the Bank as well as of issuing branch should be mentioned on the

covering letter of issuing Branch.

(iii) The bank guarantee for Rs.10,000 and above is signed by at

least two officials (or as per the norms prescribed by the RBI in this

regard).


Page | 92

APPENDIX - C NON-DISCLOSURE AGREEMENT (On Stamp Paper of 200/-)

This Non-Disclosure Agreement ("Non-Disc") is made and entered into_____day

of______month__________year (effective date) by and between City and Industrial

Development Corporation of Maharashtra Limited, a Government of Maharashtra

(hereinafter called the ‘EMPLOYER’) and _____________________("Name of Firm").

Whereas, Department and Company have entered into an Agreement ("Agreement")

_________________effective______________ for ____________________________;

and Whereas, Each party desires to disclose to the other party certain information

in oral or written form which is proprietary and confidential to the disclosing party,

("CONFIDENTIAL INFORMATION").

NOW, THEREFORE, in consideration of the foregoing and the covenants and

agreements contained herein, the parties agree as follows:

1. Definitions. As used herein:

(a) The term “Confidential Information” shall include, without limitation,

all information and materials, furnished by either Party to the other in

connection with citizen/users/persons/customers data, products and/or

services, including information transmitted in writing, orally, visually, (e.g.

video terminal display) or on magnetic or optical media, and including all

proprietary information, customer & prospect lists, trade secrets, trade

names or proposed trade names, methods and procedures of operation,

commercial or marketing plans, licensed document know-how, ideas,

concepts, designs, drawings, flow charts, diagrams, quality manuals,

checklists, guidelines, processes, formulae, source code materials,

specifications, programs, software packages, codes and other intellectual

property relating to the disclosing party’s data, computer database,

products and/or services. Results of any tests, sample surveys, analytics,

data mining exercises or usages etc. carried out by the receiving party in

connection with the Department’s Information including citizen/users/

persons/customers personal or sensitive personal information as defined

under any law for the time being in force shall also be considered

Confidential Information.


Page | 93

(b) The term, “Employer” shall include the officers, employees, agents,

consultants, contractors and representatives of Department.

(c) The term, “Firm” shall include the directors, officers, employees,

agents, consultants, contractors and representatives of Company, including

its applicable affiliates and subsidiary companies.

Protection of Confidential Information. With respect to any Confidential

Information disclosed to it or to which it has access, Firm affirms that it

shall:

(a) Use the Confidential Information as necessary only in connection

with Project and in accordance with the terms and conditions

contained herein;

(b) Maintain the Confidential Information in strict confidence and take

all reasonable steps to enforce the confidentiality obligations

imposed hereunder, but in no event take less care with the

Confidential Information that the parties take to protect the

confidentiality of its own proprietary and confidential information

and that of its clients;

(c) Not to make or retain copy of any commercial or marketing plans,

citizen/users/persons/customers database, Proposals developed by

or originating from Department or any of the prospective clients of

Department except as necessary, under prior written intimation

from Department, in connection with the Project, and ensure that

any such copy is immediately returned to Department even without

express demand from Department to do so;

(d) Not disclose or in any way assist or permit the disclosure of any

Confidential Information to any other person or entity without the

express written consent of the other party; and

(e) Return to the other party, or destroy, at Employer’s discretion, any

and all Confidential Information disclosed in a printed form or other

permanent record, or in any other tangible form (including without

limitation, all copies, notes, extracts, analyses, studies, summaries,


Page | 94

records and reproductions thereof) immediately upon the earlier to

occur of (i) expiration or termination of either party’s engagement

in the Project, or (ii) the request of the other party therefore.

(f) Not to discuss with any member of public, media, press, any or any

other person about the nature of arrangement entered between

Employer and Firm or the nature of services to be provided by the

Firm to the Employer.

3. Onus. Firm shall have the burden of proving that any disclosure or use

inconsistent with the terms and conditions hereof falls within any of the

foregoing exceptions.

4. Exceptions. These restrictions as enumerated in section 1 of this

Agreement shall not apply to any Confidential Information:

(a) Which is independently developed by Company or lawfully received

from another source free of restriction and without breach of this

Agreement; or

(b) After it has become generally available to the public without breach

of this Agreement by Company; or

(c) Which at the time of disclosure to Company was known to such party

free of restriction and evidenced by documentation in such party’s

possession; or

(d) Which Department agrees in writing is free of such restrictions.

(e) Which is received from a third party not subject to the obligation of

confidentiality with respect to such Information;

5. Remedies. Company acknowledges that (a) any actual or threatened

disclosure or use of the Confidential Information by Firm would be a breach

of this agreement and may cause immediate and irreparable harm to

Employer; (b) Firm affirms that damages from such disclosure or use by it

may be impossible to measure accurately; and (c) injury sustained by

Employer may be impossible to calculate and remedy fully. Therefore, Firm

acknowledges that in the event of such a breach, Employer shall be entitled

to specific performance by Firm of Firm’s obligations contained in this

Agreement. In addition Company shall indemnify Employer of the actual and


Page | 95

liquidated damages which may be demanded by Employer. Moreover,

Employer shall be entitled to recover all costs (including reasonable

attorneys’ fees) which it or they may incur in connection with defending its

interests and enforcement of legal rights arising due to a breach of this

agreement by Firm.

6. Need to Know. Firm shall restrict disclosure of such Confidential

Information to its employees and/or consultants with a need to know (and

advise such employees of the obligations assumed herein), shall use the

Confidential Information only for the purposes set forth in the Agreement,

and shall not disclose such Confidential Information to any affiliates,

subsidiaries, associates and/or third party without prior written approval of

the disclosing party.

7. Intellectual Property Rights Protection. No license to a party, under any

trademark, patent, copyright, design right, mask work protection right, or

any other intellectual property right is either granted or implied by the

conveying of Confidential Information to such party.

8. No Conflict. The parties represent and warrant that the performance of its

obligations hereunder do not and shall not conflict with any other

agreement or obligation of the respective parties to which they are a party

or by which the respective parties are bound.

9. Authority. The parties represent and warrant that they have all necessary

authority and power to enter into this Agreement and perform their

obligations hereunder.

10. Dispute Resolution. If any difference or dispute arises between the

Department and the Firm in connection with the validity, interpretation,

implementation or alleged breach of any provision of this Agreement, any

such dispute shall be dealt with in accordance with the relevant provisions

under the GCC

11. Governing Law. This Agreement shall be interpreted in accordance with

and governed by the substantive and procedural laws of India and the

parties hereby consent to the exclusive jurisdiction of Courts and/or Forums

situated at Mumbai, India only.

12. Entire Agreement. This Agreement constitutes the entire understanding

and agreement of the parties, and supersedes all previous or

contemporaneous agreement or communications, both oral and written,


Page | 96

representations and under standings among the parties with respect to the

subject matter hereof.

13. Amendments. No amendment, modification and/or discharge of this

Agreement shall be valid or binding on the parties unless made in writing

and signed on behalf of each of the parties by their respective duly

authorized officers or representatives.

14. Binding Agreement. This Agreement shall be binding upon and inure to the

benefit of the parties hereto and their respective successors and permitted

assigns.

15. Severability. It is the intent of the parties that in case any one or more of

the provisions contained in this Agreement shall be held to be invalid or

unenforceable in any respect, such provision shall be modified to the extent

necessary to render it, as modified, valid and enforceable under applicable

laws, and such invalidity or unenforceability shall not affect the other

provisions of this Agreement.

16. Waiver. If either party should waive any breach of any provision of this

Agreement, it shall not thereby be deemed to have waived any preceding or

succeeding breach of the same or any other provision hereof.

17. Survival. Both parties agree that all of their obligations undertaken herein

with respect to Confidential Information received pursuant to this

Agreement shall survive till perpetuity even after any expiration or

termination of this Agreement.

18. Non-solicitation. During the term of this Agreement and thereafter for a

further period of two (2) years Company shall not solicit or attempt to

solicit Employer’s employees and/or consultants, for the purpose of

hiring/contract or to proceed to conduct operations/business similar to

Employer with any employee and/or consultant of the Employer who has

knowledge of the Confidential Information, without the prior written

consent of Employer. This section will survive irrespective of the fact

whether there exists a commercial relationship between Firm and

Employer.

19. Term. Subject to aforesaid section 17, this Agreement shall remain valid up

to 5 (five) years from the date of Agreement.


Page | 97

IN WITNESS HEREOF, and intending to be legally bound, the parties have executed

this Agreement to make it effective from the date and year first written above.

SIGNED & DELIVERED FOR AND ON } BEHALF OF CITY AND INDUSTRIAL } DEVELOPMENT CORPORATION OF } MAHARASHTRA LIMITED. }

Signature__________________

Designation____________

In the presence of witness :

1. ____________________ Address

__________________

____________________

2. ____________________ Address

__________________

____________________

SIGNED AND DELIVERED FOR }

AND ON BEHALF OF M/s. __________ } __________________}

Signature _______________

In the presence of witness :

1. ____________________ Address

__________________

____________________

2. ____________________ Address

__________________

____________________


Page | 98

PART - V

TECHNCIAL AND FINANCIAL FORMS

(TFF)


Page | 99

Appendix – I

LETTER OF BID & ANNEXURES


Page | 100

LETTER OF BID (LOB)

(On Firm’s Letter Head, to be attached with ‘Statement of Qualification in

Support of Proof of Eligibility’.)

(Date and Reference)

To,

The ACP (NAINA)

CIDCO Ltd.,


CBD-Belapur, Navi Mumbai-400 614.

Maharashtra-INDIA.

Dear Sir,

I/We, _____________________________________________ (Name of

Bidder) having examined the RFP Document and understood its contents,

hereby submit our Bid for selection as “Software Provider” in respect of

the Project “Automation of Building Permission System for NAINA and

KNT” and state that:

1. All information provided in the Bid and in the Appendices is true and

correct and all documents accompanying such Bid are true copies of

their respective originals.

2. This statement is made for the express purpose of getting

selected as the Software Provider for the aforesaid Project.

3. I/We shall make available to the CIDCO any additional information it

may find necessary or require to supplement or authenticate the

Selection statement.

4. I/We declare that:

(a) I/we have examined and have no reservations to the RFP

Documents, including the Addendum(s) issued by the CIDCO;


Page | 101

(b) I/we do not have any conflict of interest in accordance with

Clause 1.12 of ITB; and

(c) I/we hereby certify that we have taken steps to ensure that no

person acting for us or on our behalf will engage in any corrupt,

fraudulent or coercive practices to influence the Selection

Process.

5. I/We acknowledge the right of the CIDCO to reject our Bid without

assigning any reason or otherwise and hereby waive our right to

challenge the same on any account whatsoever.

6. We certify that in the last three years, we have neither failed to

perform on any contract, as evidenced by imposition of a penalty or

a judicial pronouncement or arbitration award, nor been

expelled from any project or contract nor have had any contract

terminated for breach on our part.

7. I/We understand that you may cancel the Selection Process at

any time without incurring any liability to the Bidder and that

you are neither bound to accept any Bid that you may receive

nor to select the Bidder.

8. I/We certify that in regard to matters other than security and

integrity of the country, we have not been convicted by a Court

of law or indicted or adverse orders passed by a regulatory

authority which would cast a doubt on our ability to undertake the

Project or which relates to a grave offence that outrages the moral

sense of the community.

9. I/We further certify that in regard to matters relating to

security and integrity of the country, we have not been charge-

sheeted by any agency of the Government or convicted by a Court of

Law for any offence committed by us or by any of our sister concerns.

10. I/We further certify that no investigation by a regulatory

authority is pending either against us or against our sister concerns or

against our CEO or any of our Directors/Managers/employees.


Page | 102

11. Our details and the Statement of Legal Capacity as per Form

provided in Appendix-I, Annexure-1& Annexure-2 and duly signed by

us / respective Bidders, who satisfy the Eligibility, are enclosed.

12. ………………(Name of Bidder) hereby irrevocably waives any right it

has at any stage at law or howsoever otherwise arising to

challenge or question any decision taken by the CIDCO and / or the

Government of Maharashtra in connection with the selection of a

Bidder or in connection with the Selection process itself in

respect of the above mentioned Project and the terms and

implementation thereof.

13. A Power of attorney as per Form in Appendix-1, Annexure-3 in

favour of the authorized signatory to sign and submit this Bid and

documents is also attached herewith.

The Proof of Eligibility is submitted in the prescribed Form at

Form-I, Form-II and Form-III of Appendix-II of RFP.

We confirm that in the event of our proposal being selected for

award of Bid as well as any resulting contract, all required documents

will be:

i) signed so as to legally bind all Members, jointly and

severally; and

ii) Submitted with a confirmed Deeds of Agreement.

Thanking you,

Yours faithfully,

(Signature of the Authorised Representative)

(Name and designation of the Authorised Representative)

(Name of the Bidder)


Page | 103

ANNEXURE-1

DETAILS OF BIDDER

Bidder shall complete this Format and submit along with the LOB

1.1 Title of Assignment:

“Appointment of Software Development Firm for ”Automation of Building

Permission System for NAINA and KNT”

1.2 Title of Project”

“Automation of Building Permission System for NAINA and KNT”.

1.3 State the structure of the Bidder’s organization (Bidder to complete/delete

as appropriate)

Individual Firm

1.4 State the following for the Individual Firm:

Name of Company or Firm…………………………………..…………………………

…………………………………………………………………………….….

Legal status (e.g. incorporated private company, unincorporated business,

etc.)

………………………………………………………………………….. …….

Country of incorporation

Registered address……………………………………………………. …….

………………………………………………………………………………

………………………………………………………………………………

Year of Incorporation ………………………………………………….......….

Year of commencement of

business.…….……………………………………………..................….

Principal place of business:

……………………………………………………………...


Page | 104

Brief description of the Company including details of its main lines of

business ………..…………………………………………………………………

………………..………………………………………………………………

Details of individual(s) who will serve as the point of contact/

communication for the CIDCO within the Company:

(a) Name

(b) Designation

(c) Company

(d) Address

(e) Telephone Number

(f) E-Mail Address

(g) Fax Number

Name, Designation, Address and Phone Numbers of Authorised Signatory

(Resolution of the Company to be submitted)

of the Bidder:

Name

Designation

Company

Address

Phone No.

Fax No.

Authorised Signatory

For and on behalf of


Page | 105

ANNEXURE-2

STATEMENT OF LEGAL CAPACITY

(To be forwarded on the letterhead of the Prospective Bidder i.e. Individual

firm)

Ref. Date:

To,

The ACP (NAINA)

CIDCO Ltd.,



Maharashtra-INDIA.

Dear Sir,

We hereby confirm that we, the Bidder, satisfy the terms and conditions

laid out in the RFP process.

We have agreed that _____________________________(insert

individual’s name)* will act as our representative and has/have been

duly authorized to submit the RFP. Further, the authorized signatory is

vested with requisite powers to furnish such letter and authenticate the

same.

Yours faithfully,


For and on behalf of

*Please strike out whichever is not applicable


Page | 106

ANNEXURE-3

POWER OF ATTORNEY FOR SIGNING OF BID (To be prepared on non-judicial stamp paper of appropriate value)

Know all men by these presents,

We…………………………………………………. (name of firm and address

of the registered office) do hereby constitute, nominate, appoint and

authorise Mr/ Ms……………………………… (name and residential

address) who is presently employed with us and holding the position of

………………………………… as our true and lawful attorney

(hereinafter referred to as the “Authorised Representative”) to do

in our name and on our behalf, all such acts, deeds and things as are

necessary or required in connection with or incidental to submission of our

Bid for and selection as the Software Provider for the assignment of

“Automation of Building Permission System for NAINA and KNT “ by the

CIDCO including but not limited to signing and submission of all

applications, proposals and other documents and writings, participate in

pre-proposal and other conferences and providing information/

responses to the CIDCO/ GoM, representing us in all matters before

the CIDCO signing and execution of all contracts and

undertakings consequent to acceptance of our bid and generally dealing

with the CIDCO/GoM in all matters in connection with or relating to or

arising out of our bid for the said Project and/or upon award thereof to

us till the entering into of the Contract Agreement with the CIDCO.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm

all acts, deeds and things lawfully done or caused to be done by our said

Authorised Representative pursuant to and in exercise of the powers

conferred by this Power of Attorney and that all acts, deeds and things

done by our said Authorised Representative in exercise of the powers

hereby conferred shall and shall always be deemed to have been done by us.


Page | 107

IN WITNESS WHERE OF WE, ………………….…………THE ABOVE

NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON

THIS …… DAY OF ……………. 20…..

For ______________________

(Signature)

(Name, Title and Address)

Witnesses:

1.

[Notarised]

2.

Accepted

________________

(Signature)

(Name, Title and Address of the Attorney)


Page | 108

Notes:

• The mode of execution of the Power of Attorney should be in

accordance with the procedure, if any, laid down by the applicable

law and the charter documents of the executants(s) and when it is so

required the same should be under common seal affixed in

accordance with the required procedure.

• Also, wherever required, the Bidder should submit for

verification the extract of the charter documents and documents

such as a resolution/power of attorney in favour of the

person executing this Power of Attorney for the delegation

of power hereunder on behalf of the Bidder :

• For a Power of Attorney executed and issued overseas, the document

will also have to be legalised by the Indian Embassy and notarised in

the jurisdiction where the Power of Attorney is being issued.


Page | 109

Appendix – II

(FORM FOR STATEMENT OF QUALIFICATION)


Page | 110

FORM-I

EXPERIENCE OF AUTOMATION OF BUILDING PERMISSION

SYSTEMS

Bidder should have experience in implementing Automation of Building

Permission or Automation System for ULBs or govt organizations in India.

Use separate sheet for each project.

Bidder’s Name

………………………………………………………

………………………………………………………

………………………………………………………

Assignment Name :

Location/country

Name of Client and Address:

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

Client’s Representative

Telephone /Fax No./Email

No. Of Staff Deployed by the

Firm

No. Of the Man Months deployed by the

Firm.

Start Date (Month/Year)

Completion

Date

(Month/Year)

Approximate value of

service in Indian Rupees.*


Page | 111

Name of Key Personnel Deployed by the Firm and functions performed by

them:

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

Description of Services provided for :

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

Brief description of Project:

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

Project cost in Indian Rupees

Note:

- Do not submit details of more than 5 (Five) works.

- Certification from the client for successfully completed

projects.

- Please do not attach any supporting document such as copy of

contract etc.

- Please attach a certificate from Statutory Auditor as below:


Page | 112

Certificate from the Statutory Auditor regarding assignments

This is to certify that the __________________________ (name of the

Bidder) has received amounts on account of the development/development

and commission of software system as per details noted below:

Name of Assignment Total Amount Received Year of Completion

(in Rs..................)

1.

2.

3.

4.


Name:

Designation:

Signature of the



Page | 113

FORM-II

ANNUAL TURNOVER

Bidder’s average annual turnover for the last 3 years Sr.No. Financial Year Annual Turnover

(Rs. In lacs) 1. 2011-12

2. 2012-13

3. 2013-14

Total Turnover

Average Turnover

Note: Please do not attach any printed Annual Financial Statement.

- Please attach a certificate from Statutory Auditor as below:

Certificate from the Statutory Auditor regarding annual revenues


Bidder) has received amounts on account of the development/development

and commission of software system as per details noted below:

Year Amount Received

1.

2.

3.

4.

5.


Name:

Designation:

Signature of the


Name of Firm


Page | 114

FORM – III

AVAILABILITY OF KEY PERSONNEL

Signature of the Authorised

Signatory

Name of Firm

Provide the list of Key Personnel in Regular Employment as on date of Bid

Designation of Key Personnel

Name

Name of Firm

Date from which

employed continuously

1) Team Leader – Software

Developer

2) Architect/ Town Planner

3) Software Programmer


Page | 115

Appendix-III

(FORMS FOR TECHNICAL PROPOSAL)


Page | 116

FORM-I

TECHNICAL PROPOSAL

(On Firm’s Letter Head, to be attached with ‘Technical Proposal’)


To,

The ACP (NAINA)

CIDCO Ltd.,



Maharashtra-INDIA.

Tel: 91 22 – 61365260, Fax: 91 22 61365255

Email : acp.naina @cidco.maharashtra.gov.in

Dear Sir,

Subject: Appointment of Software Development Firm for ”Automation of

Building Permission System for NAINA and KNT”----Regarding Technical

Proposal

I/We _____________________________ Bidder herewith enclose the

Technical Proposal for selection of our firm as Software Provider for

above.

Yours faithfully,

Signature __________________

Full Name __________________

Designation _________________

Address ____________________

(Authorised Signatory)

mailto:[email protected]


Page | 117

FORM-II

BIDDERS EXPERIENCE IN SOFTWARE SOLUTION INTEGRATION

WITH GIS and/or SAP

The experience of Bidder during the last (5) five years from the date of

submission of Bid for Experience in Software Solution Integration with GIS

and SAP

Please provide information of only those projects for which the

Bidder’s firm was legally contracted by the respective client as an

individual corporate entity value of project services.

Bidder’s Name

………………………………………………………

………………………………………………………

………………………………………………………

Assignment Name :

Location/country

Name of Client and Address:

…………………………………………………………………………………………

………………………………………………………………………………………

…………………………………………………………………………………………

Client’s Representative

Telephone /Fax No./Email

No. Of Staff Deployed by the

Firm

No. Of the Man Months deployed by the

Firm.


Page | 118

Start Date (Month/Year) Completion

Date

(Month/Year)

Approximate value of

service in Indian Rupees.*

Name of Key Personnel deployed by the Firm and functions performed by

them:

………………………………………………………………………………………..

…………………………………………………………………………………………

Description of actual services provided by the Bidder’s staff:

…………………………………………………………………………………………

…………………………………………………………………………………………

Brief description of Project:

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

Project cost in Indian

Rupees

Capacity/size of the project.

NOTE:

1. Please attach supporting document such as certificate from client regarding completion of the work.

2. Please attach a certificate from respective Statutory Auditor as below as evidence of completion of above works by the firm:


Page | 119

Certificate from the Statutory Auditor regarding assignments


Bidder) has received amounts on account of the

development/development and commission of software system as per

details noted below:

Name of Assignment Total Amount Received

Year of Completion

(in Rs million)


Name:

Designation:

Signature of the Authorised Signatory


Page | 120

FORM-III

PARTICULARS OF KEY PERSONNEL (proposed for the Project)

Sl.No. Name of Key

Personnel

Educational

Qualification

No. Of Years of

relevant

experience

Firm

Employment

status With Firm

(Full Time or

Other)

No. Of Man

days

1. Team Leader –

Software

Developer

2. Architect/

Town Planner

3. Software

Programmer

Signature of the Authorised Signatory

Name of Firm


Page | 121

FORM – IV

Form for Curriculum Vitae (CV) for Proposed Key Personnel

1. Proposed Position:

2. Name of Personnel:

3. Date of Birth :

4. Nationality:

5. Educational Qualification:

(Summarize college/university and other specialized education of

Personnel, giving degrees obtained).

6. Employment Record:

(Starting with present position, list in reversed order, every

employment held. List all positions held by staff member since

graduation, giving dates, names of employing organization, title

of positions held and location of assignments. Experience

period of specific assignment must be clearly mentioned).

7. Relevant Project Experience

Furnish list of relevant project experience which describe the

suitability and eligibility of the Personnel for e-governance solutions

with brief description of role, responsibility and duration of the

services performed; brief description of the project.

8. Summary of the CV

(Furnish a summary of the above CV. The information in the

summary shall be precise and accurate. The information in the

summary will have bearing on the evaluation of the CV).


Page | 122

A) Education:

Field of Graduation and year

Field of Post Graduation and year

Field of Ph.D and Year

B) Professional Experience as below:

i) Total professional experience: ___________Yrs.

ii) Positions held:

a) ____________________ Yrs.

b) ____________________ Yrs.

c) ____________________ Yrs.

iii) Essential Work Experience: __________ Yrs.

C) Regular Employment with the Firm:

(Yes/No)

If yes, how many years:

If no, what is the employment:

Arrangement with the firm?

9. Details of the current assignment and the time duration for which

services are required for the current assignment.

Certification:

1 I am willing to work on the project and I will be available for entire

duration of the project assignment as required.


Page | 123

2. I, the undersigned, certify that to the best of my knowledge

and belief, this CV correctly describes myself my qualification

and my experience.

Signature of the Candidate ____________________

Place ____________________

Date ____________________

Signature of the Authorized Representative of the

firm____________________

Place ____________________

Date ____________________

Note:

Each page of the CV shall be signed in ink by both the member and the

Authorized representative of the firm. Photocopies will not be

considered for evaluation.


Page | 124

FORM-V

APPROACH AND METHODOLOGY

BIDDER’S NAME:

The descriptive part of submission under this will be detailed

precisely under the following topics.

1) Understanding of Scope of Work.

The Bidder will submit his understanding of the Scope of Work specified

in the RFP in a brief manner underlying the crucial and important

aspects of it. The Bidder may supplement various requirements of the

Scope of Work if he considers this would bring more clarity and

improvements over the existing requirements and assist in achieving the

various tasks laid down in the Scope of Work.

2) Methodology.

The Bidder will submit his methodology for carrying out this

assignment, outlining his approach toward achieving the Objectives

laid down in the Scope of Work. Scope of Services laid down in the

Scope of Work is indicative for achieving the specified Objectives. The

Bidder should briefly explain how he will build upon them once the

contract is awarded to him.

3) Work Plan.

The Bidder will submit a brief write up on their proposed team

of personnel explaining how various Fields of Expertise (as per Clause

3.2.5 of ITB) and experience needed for this assignment has been fully

covered by their proposal. The Bidder should specify the sequence of

important activities and quality assurance plan for rendering the

services specified in the Scope of Work.


Page | 125

4) Power Point Presentation: showing the Brief details of the firm, relevant

experience/ Methodology/ key personnel Awards/accolades etc.( not

more than 30 slides) A Demo of the software which has been developed,

customized and implemented should also be given during the

presentation.




Page | 126

Appendix-IV

(Forms for Financial Proposal)


Page | 127

FORM-I

FINANCIAL PROPOSAL

(On Firm's Letter Head, to be attached to 'Financial Proposal')


To,

The ACP (NAINA)

CIDCO Ltd.,

3rd Floor, Tower No.10, Belapur Railway Station Complex n,


Maharashtra-INDIA.

Tel: 91 22 – 61365260, Fax: 91 22 61365255

Email : [email protected]

Dear Sir,

Subject: Appointment of Software Development Firm for "Automation of

Building Permission System for NAINA and KNT" Proposal.

I/We _____________________________ Bidder /Bidder’s firms herewith

enclose the Financial Proposal for selection of my/our firm as

Software Provider for above Project.

Yours faithfully,

Signature __________________

Full Name __________________

Designation _________________

Address ____________________

(Authorised Representative)

Note: The Financial Proposal has to be filled strictly as per the forms

given in RFP.


Page | 128

FORM-II

DETAILS OF FINANCIAL PROPOSAL

"Automation of Building Permission System for NAINA and KNT”.

Having gone through this RFP document and the General and Special Conditions

of contract and having fully understood the scope of work for the Project as set

out in this RFP, we are pleased to inform that we would charge Total fee of

Rs-_____________________________/- (Rs ___________________________

________________________________________________________________only)

inclusive of all taxes and expenses of travel, documentation, communication,

local office expenses, operation and maintenance, salaries of technical staff

etc. incurred by the Bidders for carrying out the Scope of Work specified in the

RFP document and General and Special Conditions of contract excluding

applicable Service Tax.

(Service Tax will be paid as per the prevailing law)

Yours faithfully,

Signature __________________

Full Name __________________

Designation _________________

Address ____________________

(Authorised Signatory)

CIDCO OF MAHARASHTRA LIMITED RFP Notice No. 01/CIDCO/ACP (BP/S/GIS)/2014

P a g e | 129

PART - VI

FORM OF AGREEMENT


P a g e | 130

AGREEMENT

between

City & Industrial Development Corporation

of Maharashtra Ltd.

and

---------------------------------------------------------------

For

Appointment of Software Development Firm for “Automation of Building

Permission System for NAINA and KNT”


P a g e | 131

FORM OF AGREEMENT

APPOINTMENT OF SOFTWARE DEVELOPMENT FIRM FOR"AUTOMATION OF

BUILDING PERMISSION SYSTEM FOR NAINA AND KNT”

CONTRACT AGREEMENT NO. 01/CIDCO/ACP(NAINA)/2014

This AGREEMENT (hereinafter called the "Contract") is made on the ---- ------

day of the month of -----------------2014, between, on the one hand, the City

& Industrial Development Corporation of Maharashtra Ltd., a company incorporated

under the Companies Act, 1956 (1 of 1956) and having its registered office at

‘Nirmal’ 2nd floor, Nariman Point, Mumbai - 400 021. (hereinafter called the

"CIDCO" which expression shall include their respective successors and permitted

assigns, unless the context otherwise requires) and, on the other hand,---------------

----------------------------------------------------- ---- (hereinafter called the “Software

Development Firm") which expression shall unless repugnant to the context of

meaning thereof including its successors and permitted assigns.

WHEREAS

(A) the CIDCO through Public Bidding Bid for Appointment of Software

Development Firm for "Automation of Building Permission System for

NAINA and KNT" herein after referred to'as said Work'

(B) the Software Development Firm, submitted their proposals for the

aforesaid work, whereby the Software Development Firm represented to

the CIDCO that they had the required professional skills, and in the

said proposals the Software Development Firm also agreed to provide the

Services to the CIDCO on the terms and conditions as set forth in this

Contract; and

The CIDCO on acceptance of the aforesaid proposals of the Software

Development Firm, awarded the said work to the Software


P a g e | 132

(C) Development Firm by the Letter of Award for the Contract dated

……………………. (the "LOA").

(D) In pursuance of LOA, the parties have agreed to enter into this Contract.

NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents along with all addenda issued

thereto and attached hereto shall be deemed to form and be

read and construed as integral part of this Contract and in case of

any contradiction between or among them the priority in which a

document would prevail over other would be as laid down below

beginning from the highest priority to the lowest priority:

(a) Contract

(b) Scope of Work

(c) Letter of Acceptance

(d) Instruction to Bidders

(e) The Special Conditions of Contract(hereinafter called "SCC")

(f) The General Conditions of Contract (hereinafter called "GCC");

(g) Appendices:

Appendix A: Payment Schedule and Cost Estimates

Appendix B: Form for Bank Guarantee for Performance Security

Appendix C: Non-Disclosure Agreement

2. The mutual rights and obligations of the CIDCO and the Software

Development Firm shall be as set forth in the Contract; in particular:

(a) The Software Development Firm shall carry out the Services in

accordance with the provisions of the Contract; and

(b) CIDCO shall make payments to the Software Development Firm in

accordance with the provisions of the Contract.


P a g e | 133

IN WITNESS WHEREOF, the Parties hereto have caused this Contract to

be signed in their respective names as of the day and year first above written.

FOR AND ON BEHALF OF Witness

(CIDCO)

1. Signature

Name

Address

By

Authorized Representative. 2. Signature

Name

Address

FOR AND ON BEHALF OF Witness

(Software Development Firm)

Witness

1. Signature

Name

Address

Name

Address

By Authorized Representative. 2. Signature

Name

Address

August - 2014 - e Tenders · 2014-08-27 · 2.0 BID FORMS AND CLARIFICATIONS 2.1. Use Letter of Bid...

Documents

Transcript of August - 2014 - e Tenders · 2014-08-27 · 2.0 BID FORMS AND CLARIFICATIONS 2.1. Use Letter of Bid...