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Karnataka Examinations Authority

Sampige Road, 18thCross, Malleshwaram

Bangalore-560012 Telephones: 080-23462599, 23462758, 23461575, 23564583

Fax: 080-23461576 e-mail: [email protected]

Website: http://kea.kar.nic.in

SHORT TERM RE-E-TENDER No. ED/KEA/Accts/C.R- 51 /2013-14 Date: 07-04-2014

Sealed Tenders are invited under TWO COVER SYSTEM for providing LAN Infrastructure and

Maintenance of LAN, WAN, UPS and Electrical Items for three years;

Date of publishing Tender Document 07-04-2014

Last date for submission of tenders 18-04-2014 4.00PM

Date and time of opening of Technical bids 21-04-2014 04.15PM

Date and time of opening of financial bids 22-04-2014 4.30PM

Place of opening of bids

Office of The Executive Director Karnataka Examinations Authority Sampige Road, 18th Cross Malleshwaram, Bangalore – 560 012

Address for communication

The Executive Director Karnataka Examinations Authority Sampige Road, 18th Cross, Malleshwaram, Bangalore – 560 012, Karnataka, INDIA. Telephones: 080-23462599, 23462758, 23461575, 23564583 Fax: 080-23461576 e-mail: [email protected]

mailto:[email protected]

http://kea.kar.nic.in/


Karnataka Examinations Authority, Government of Karnataka

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SECTION 1 Invitation for Bidders

1. About KEA

The Government of Karnataka established Common Entrance Test Cell in the year 1994

for conducting of Entrance Test and to determine the merits of the candidates for admission

to Professional courses such as Medical, Dental, Indian Systems of Medicine & Homoeopathy,

Engineering / Technology & Architecture courses

To expand the activities of the CET Cell, the Government by order No. ED. 212 TEC

2006 dated 20-12-2006 has converted the Common Entrance Test Cell in to an autonomous

body Registered under Societies Registration Act 1960 called “Karnataka Examinations

Authority” (KEA).

KEA conducts online counseling for admission to Professional Courses. Helpline Centers will be

established at various Districts.

(i) The purposes of the Helpline Centers are

(a) Verification of documents of eligible candidates allotted with CET ranks - After

declaration of CET results immediately candidate is allotted a rank. Candidates are

called for verification of their original documents to Helpline Centers as per the

details put up by them in their applications. Verification of each candidate is done by

trained staff appointed by KEA. Every candidate may choose the Helpline Centre

close to his residence. Candidates are called for verification as per their ranks. For

ex: On day 1, Rank number 1 to 10,000 is to be called.

(b) Audio-Visual Demonstration of online allotment process - KEA will provide an audio

visual demonstration of the online allotment process along with hands on training to

fill option entry forms to the candidates who come for verification of documents.

(c) Hands on training to candidates regarding entry of options and procedure on

allotment of seats.

(d) Payment of Fees for the seat selected / obtaining of admission orders.

Keeping the above requirements in mind, KEA invites Tender for supply, installation and

commissioning of LAN, WAN, UPS facility at the helpline centres along with the work of required

electrical work for a minimum period of three years.


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SCOPE OF WORK:

a. Helpline Centers will be established at 13 counseling centers as detailed below. Nearly 1000

sq ft area will be used for the counseling work.

1. Bangalore

2. Karwar

3. Belgaum

4. Bellary

5. Mangalore

6. Raichur

7. Dharwad

8. Gulbarga

9. Shimoga

10. Hassan

11. Bijapura

12. Mysore

13. Davangere

b. BSNL will establish connection from KEA, Bangalore to all the Helpline Centres through MPLS

Lines and Modem, inter connection has to be established through Switches.

c. LAN Cabling has to be done by utilizing the available LAN Cable for a minimum of 20

Network connections / nodes per centre to be integrated through Switch as per the

requirement.

i. 10 points for verification

ii. 5 points for admission orders

iii. 3 for bank operation

iv. 2 for registration

d. Electrical connection has to be obtained from main supply / interface of KEB to UPS and from UPS to other electric items. (Maximum of 150 Meters of electric cable may be required from helpline centre main panel to UPS)

e. A minimum of 05 electrical points per centre to be integrated, to obtain electrical connection for connecting PCs, Printers, Modems as per the requirement.


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f. Cable should be neatly inserted using optical fiber pipe and there should not be any leakage.

g. The scope of the tender also includes transportation of LAN Cables, Switches, UPS with batteries, electrical items to all the identified helpline centres.

h. The scope of the tender will also include submitting brief report on UPS and its Batteries regarding working condition. Further, if any major repair is required that should also be intimated separately.

i. The existing LAN cabling infrastructure will be replaced with new structured LAN cabling infrastructure. (Only at Bangalore)

j. The bidder shall be solely responsible for the turnkey implementation of the project, which includes the Supply, Installation, System Integration and Commissioning of the complete equipment and solutions for the project. The bidder shall also be responsible for the warranty for a period of one year from the date of commissioning of the project.

2.0. ELIGIBILITY AND QUALIFICATIONS

2.1 This invitation of bids is open to a Reputed, experienced and financially sound IT / Net Working / System Integrator companies, having an annual turnover of Rs. 25.00 Lakhs or more, during last two financial years.

2.2 A company registered in India under the companies act 1956. 2.3 Bidder shall furnish the following

Criteria Documentary Evidence

1

The Bidder must be a company registered

in India under Indian Companies Act

1956 or The Indian Partnership Act

1. Certificate of Incorporation from

Registrar of Companies (RoC)

2. Certificate of Commencement of

Business issued by the Registrar of

Companies

3. A copy of the Partnership deed in case of

partnership form.

2 The Bidder should have a turnover of at

least Rupees thirty Lakhs.

1. Audited financial statement (reflecting net-

worth of business) for the latest financial year

OR

2. Auditors’ certificate on the net-worth as

mentioned by the bidder.


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The Bidder should be a profit making

organization

1. Audited financial statements(reflecting overall

turnover) for the last three (03) financial years

OR

2. Auditors’ certificate on the turnover as

mentioned by the bidder

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The bidder should not be blacklisted

by any Central / State Government

Karnataka Examination Authority,

organisations, agencies, or Public Sector

Units for unsatisfactory past performance,

corrupt, fraudulent or any other

unethical business practices in the last 5

years (as on March 31, 2013)

Undertaking from the Company Secretary or

the Authorised signatory.

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Particulars of design, supply, installation, and maintenance of LAN infrastructure, having at least 100 nodes, to any Government, public or private organization.

The bidder shall produce adequate documentary evidence (from at least 3 organisations) regarding experience. The documents must be verifiable, indicating complete deployment and contact details of the served organizations.

2. Bidders are advised to note the qualification criteria for award of contract.

3. Interested eligible Bidders may obtain additional information and/or the document may be

downloaded from the Website http://kea.kar.nic.in / http://eproc.karnataka.gov.in

4. Bids must be submitted along with the earnest money deposit (EMD) in the form of DD for

Rs. 25,000/- and shall be valid for 45 days beyond the validity period of the bid.

5. The provisions in the instructions to bidders and in the conditions of contract are based on the

provisions of the ‘Manual on Procurement of Goods, Karnataka Standard Tender Documents for

Procurement of Goods and Equipment’.

6. The bidder should satisfy all the terms and conditions laid down hereunder in relation to the

Installation, Integration and Commissioning and maintenance of the above mentioned items and

system.

7. Terms of Payment


http://eproc.karnataka.gov.in/


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Milestone Payment

Transportation of all required items to

Helpline centres.

Cabling, Installation & Commissioning

of LAN Infrastructure at all the helpline

centres.

Electrical connection from main

supply / interface of KEB to UPS

and from UPS to other electric

items.

Successful completion of installation,

testing and trail run for one week.

90 % of bid amount (as per commercial bid

Part A + Part B) will be released.

After completion of the first round of

seat allotment. Balance 10% will be released

8. Brief Description of Bidding Process: The tender will be a two-part (two-cover) system. First part

will have the Qualification Submissions as per Section 6 (Contents of Bid)) along with the

compliance to the technical specifications.

9. As part of the Bid venders are required to submit the documents relating to establishing the

qualification of the Bidder in terms of the qualification criteria set out in Section 6 of this

Document (“Qualification Submissions”)

10. Procurement Entity: The Karnataka Examination Authority is the procurement entity and will

enter in to Service Level Agreement (SLA). Bill payment would be made by the KEA on the

production of supply & installation/Satisfactory Service certificates from the consignee Helpline

Centers.

11. Warranty: Unless stated otherwise, the Warranty for all the items shall be for a minimum period

of three years from the date of installation.

12. Service Level Agreement (SLA): During the warranty period Service Level Agreement will be

applicable

13. Installation report: The vendor shall submit consolidated installation report to the Department.

14. Payment Terms: The payment will be made by the Department on supply, satisfactory

installation and operation as mentioned above.

15. Delivery Timelines: Vendors shall install the items within FIVE (5) days from the date of issue of

work order. For a delay of every day in installing the cables 1% of the accepted price will be

deducted.


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16. Technical Bid Format: The technical bid will have to include the following:

Confirmation that the specifications of the items quoted by vendors, at the minimum, meet

the technical specifications or exceed the technical specifications given in the tender.

The technical bids shall be submitted as per tender document. In case the details given by

the bidder are incomplete /inadequate, the tender will be summarily rejected.

17. Earnest Money Deposit (EMD): The bidder shall pay the earnest money deposit of Rs 25,000/-

lakh. Payment shall be through Demand Draft.

18. The evaluation of the Bids would be carried out in three stages.

Stage 1: Evaluation of Qualification Submissions

Stage 2: Evaluation of Technical Bid

Stage 3: Evaluation of Price Bid

19. Calendar of events

The schedule of the tender related events will be as per Section 7 of this document.

20. Tender Document Available on Internet

The document is available on the internet on KEA website http://kea.kar.nic.in /

http://eproc.karnataka.gov.in for download.

SECTION 2: Instructions to Bidders

A. General

1. Eligible Bidders

1.1. Any IT Company or dealer / distributor of reputed OEMs (Network equipments) having

turnover of Rs. 25.00 Lakhs (INR Fifty Lakhs)

1.2. For the purpose of this document, Company shall mean a firm which is registered in India

under the provisions of the Companies Act, 1956.

1.3. Any entity which has been barred by the Education Department, Government of Karnataka

(GoK), any other State Governments in India (SG) or Government of India (GoI), or any of

the agencies of GoK / SG / GoI and the bar subsists as on the Bid Due Date, shall not be

eligible to submit Bid.

2. Number of Bids

Each Bidder shall submit only one (1) Bid for each package in response to this tender. Any

Bidder who submits more than one Bid for the same package shall be disqualified.




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3. Bid Preparation Cost

The Bidder shall be responsible and shall pay for all of the costs associated with the preparation

of its Bid and its participation in the bidding process. The department will not be responsible or

in any way be liable for such costs, regardless of the conduct or outcome of the bidding process.

4. Project Inspections and Visit to the Sites

4.1. It is desirable that each Bidder submits its Bid after visiting some of the sites for installation

of Items and ascertaining for itself the location, surroundings, or any other matter

considered relevant by it.

4.2. It would be deemed that by submitting the Bid, the Bidder has:

a. Made a complete and careful examination of the Tender Document

b. Received all relevant information requested from the department, and

c. Made a complete and careful examination of the various aspects of the Project including but not limited to:

The Project sites;

Existing facilities, infrastructure and structures if any, including electrical points in the classrooms where Items need to be installed;

Conditions affecting transportation, access, disposal, handling and storage of materials, travel and access by personnel; and

All other matters that might affect the Bidder's performance under the terms of this tender document.

4.3. The KEA shall not be liable for any mistake or error on the part of the Bidder in respect of

the above.

5. Right to Accept or Reject any of the Bids

5.1. Notwithstanding anything contained in this tender document, the KEA reserves the right to

accept or reject any Bid or to annul the bidding process to reject all Bids, at any time

without any liability or any obligation for such rejection or annulment, without assigning

any reasons.

5.2. The KEA reserves the right to reject any Bid if:

a. At any time, a material misrepresentation is made or discovered, or

b. The Bidder does not respond promptly and diligently to requests for supplemental

information required for the evaluation of the Bid.

5.3. Rejection of the Bid by the KEA as aforesaid would lead to the disqualification of the Bidder.

If such disqualification / rejection occur after the bids have been opened and the best

bidder gets disqualified / rejected, then the department reserves the right to:

a. Either invite the next best Bidder to match the Bid submitted by the best Bidder; OR

b. Take any such measure as may be deemed fit in the sole discretion of KEA, including

annulment of the bidding process.


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B. Documents

6. In addition to the tender document, the tender would also include any Addendum issued in

accordance with Para 7 of this Section.

7. Amendment of TENDER: At any time prior to the Bid Due Date, the KEA may, for any reason,

either on its own initiative or in response to clarifications requested by a Bidder, modify the

TENDER Document by the issuance of Addenda. Any Addendum thus issued will be hosted on

the website http://kea.kar.nic.in / http://eproc.karnataka.gov.in . The changes, if any, in this

tender (in the form of addenda) will be updated not beyond one day prior to the last date fixed

for submitting tender.

C. Preparation and Submission of Bid

8. Language and Currency

The Bid and all related correspondence and documents should be in English language.

Supporting documents and printed literature furnished by the Bidder with the Bid may be in

any other language provided that they are accompanied by appropriate translations of the

pertinent passages in the English language. Supporting materials, which are not translated

into English, may not be considered. For the purpose of interpretation and evaluation of the

Bid, the English language translation shall prevail.

The currency for the purpose of the Bid shall be the Indian Rupee (INR) only.

9. Earnest Money Deposit

1. The EMD for Rs.25,000/- shall be paid through any of the following e-payment modes : a. Credit cards b. Direct debit c. Net Banking d. National Electronic Fund Transfer

e. Remittance over the ICICI Bank counters using OTC challan anywhere in India.

The Supplier/Contractor’s bid will be evaluated only on confirmation of receipt of the payment of EMD in the Government of Karnataka’s Central pooling account held at ICICI Bank.

The EMD shall be returned to the unsuccessful Bidders within a period of Four (4) weeks

from the date of announcement of the Successful Bidder. The EMD submitted by the

Successful Bidder shall be released upon furnishing a Bank Guarantee of an equivalent

amount as performance security in the form and manner as stipulated in the Agreement.

The EMD shall be forfeited in the following cases:

i. If the Bidder withdraws his Bid during the interval between the Bid Due Date and

expiration of the Bid Validity Period;




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ii. If the Successful Bidder fails to provide the Bank Guarantee in the form of

Performance Security within the stipulated time or any extension thereof provided

by the KEA;

iii. If any information or document furnished by the Bidder turns out to be misleading

or untrue in any material respect.

10. Validity of Bid

Bid shall remain valid for a period not less than 90 days from the last date for submission of bids from the Bid Due Date ("Bid Validity Period"). The KEA reserves the right to reject any Bid, which does not meet this requirement.

11. Extension of Validity of Bid

In exceptional circumstances, prior to expiry of the original Bid Validity Period, KEA may request

Bidders to extend the Bid Validity Period for a specified additional period.

12. Format and Signing of Bid

The Bidder shall provide all the information as per this TENDER. KEA reserves the right to

evaluate only those Bids that are received in the required format and is complete in all

respects.

The Bidder shall submit the Bid in the following manner;

(a) Qualification Submission, consisting of the details mentioned in Section 6 of this

TENDER Document,

(b) Technical Bid in the format, consisting of the details mentioned in this TENDER

Document, and

(c) Price Bid, consisting of the Bidders financial Bid for the project in prescribed format.

13. Bid Due Date

14.1. Sealed Bids should be submitted in TWO Cover System on or before the due date.

Through e-Procurement.

14.2. KEA may, in exceptional circumstances, and for reasons to be recorded in writing, extend

the Bid Due Date, by issuing an Addendum, uniformly for all Bidders.

14. Modifications/ Substitutions/ Withdrawal of Bids

A Bidder may modify, substitute, or withdraw its Bid before the date and time of submission of

the bids. No Bid shall be modified, substituted, or withdrawn by a Bidder after the Bid Due Date

and time.

D. Evaluation of Bid

15. Bid Opening

KEA would open the Qualification Submissions followed by technical Bids on the Date

prescribed, for the purpose of evaluation.

KEA would subsequently evaluate the Price Bids of the qualified bidders.


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16. Confidentiality

Information relating to the examination, clarification, evaluation, and recommendation of the

Bidders shall not be disclosed to any person not officially concerned with the process. KEA will

treat all information submitted as part of Bid in confidence and would require all those who

have access to such material to treat the same in confidence. KEA will not divulge any such

information unless it is ordered to do so by any authority pursuant to applicable law or order of

a competent court or tribunal, which requires its disclosure.

17. Clarifications

To facilitate evaluation of Bids, KEA may, at its sole discretion, seek clarifications in writing or

through e-mail from any Bidder regarding its Bid.

18. Consultant(s) or Advisor(s)

To assist in the examination, evaluation, and comparison of Bids, KEA may utilize the services of

consultant(s) or advisor(s).

19. Bid Evaluation: Qualification Submissions

The Qualification Submissions of the Bidders would first be checked for responsiveness. All Bids

found to be substantially responsive shall be evaluated as per the Qualification Criteria.

Bidders who meet the qualification criteria shall be short-listed (“Qualified Bidders”) for further

evaluation.

20. Bid Evaluation: Technical Bid

The Technical Bids of the Qualified Bidders would be evaluated as per the Technical Evaluation

Criteria. In addition the bidders would be required to submit manufacturing authorization

format (MAF) with supporting documents for the make and model of the item and it will be

evaluated by a team of experts who would assess the products for their technical compliance. If

the products so produced by the bidder do not satisfy the requirements of the KEA, then the

bidder would not be considered for further evaluation.

Only Bidders whose technical Bids are found to be acceptable (“Technically Qualified Bidders“)

would be considered for evaluation in the next stage.

The bidder shall have to submit the copy of the certificates of the manpower along with their

CV supporting the qualification of the manpower required for the project.

21. Bid Evaluation: Financial Bid

Price Bid of only the Technically Qualified Bidders would be opened and evaluated to identify a

Preferred Bidder.

22. Declaration of Successful Bidder


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KEA may either choose to accept the Bid of the Preferred Bidder or invite him for

negotiations.

Upon acceptance of the Bid of the Preferred Bidder with or without negotiations, KEA shall

declare the Preferred Bidder as the Successful Bidder.

23. Notifications

KEA will notify the Successful Bidder by e-mail and by a Letter of Acceptance (LOA) that its Bid

has been accepted.

24. Department's Right to Accept or Reject Bid

KEA reserves the right to accept or reject any or all of the Bids without assigning any reason

and to take any measure as it may deem fit, including annulment of the bidding process, at

any time prior to award of the Project, without liability or any obligation for such acceptance,

rejection or annulment.

KEA reserves the right to invite revised Bids from Bidders with or without amendment of the

TENDER Document at any stage, without liability or any obligation for such invitation and

without assigning any reason.

KEA reserves the right to reject any Bid if at any time:

(i) material misrepresentation made at any stage in the bidding process is uncovered; or

(ii) the Bidder does not respond promptly and thoroughly to requests for supplemental

information required for the evaluation of the Bid

This would lead to the disqualification of the Bidder. If such disqualification / rejection occur

after the Bids have been opened and the Successful Bidder gets disqualified / rejected, then KEA

reserves the right to:

(i) Declare the Bidder with second lowest Price Bid/ Modified Price Bid as the Preferred

Bidder and where warranted, invite such Bidder for negotiations; or

(ii) Take any such measure as may be deemed fit in the sole discretion of KEA, including

annulment of the bidding process.

25. Acceptance of the Letter of Acceptance and Execution of Agreement

1. Within TWO (02) days from the date of issue of the Letter of Acceptance (“LoA”), the

Successful Bidder shall accept the LoA and respond to the KEA.

2. The Successful Bidder shall execute the Agreement (MoU) for the Project, within TWO (02

days) from the date of issue of LoA or within such further time as KEA may agree to in its

sole discretion.

26. KEA will promptly notify the unsuccessful Bidders that their Bid has not been accepted and their

EMD will be returned as promptly as possible.


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27. Performance Security: The performance security shall be as per para 7 of section 8 of this

document.

SECTION 3: Eligibility for Bidder

1. Eligibility Criteria

This invitation to bid is open to all companies registered in India, who fulfill eligibility criteria. Bids

that do not conform to the eligibility Criteria will be rejected summarily and no further evaluation of

such bids will be undertaken.

2. Technical Bid

a. The technical proposal must not contain any pricing information. Any additional

information may be submitted with a bold scribe “supplementary” to the required response.

Technical forms are to evidence, Details of Prior Experience of the bidder,

compliance for the proposed project. The format for this mainly consist a specific

description of the prior experience and expertise of the resources in the

organization.

b. Executive Director is open to any suggestions that the bidder may want to render with

respect to the approach adopted for the assignment in the light of their expertise or

experience from similar assignments. However, this should not lead to the submission date

being missed or extended.

3. Commercial Bid

a. Unless expressly indicated, bidder shall not include any technical information regarding the

services in the commercial proposal. Any additional information may be submitted with a

bold scribe “supplementary” to the required response. Prices shall be quoted entirely in

Indian Rupees and must be arrived at after including all expenses, rates, and taxes.


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SECTION 4: Bid Evaluation

1. Bid Opening and Evaluation Process

a) As per the provisions of the KTPP Act 1999 and Rules 2000 Tender will be evaluated by the

Concerned Authority. The decision of the Tender Accepting Authority would be final and

binding upon all the Bidders.

b) Bids will be opened by the Tender Inviting Authority on the date notified for it. Any change

to the scheduled dates shall be notified on the KEA website.

c) During bid opening preliminary scrutiny of the bid documents will be made to determine

whether they are complete, whether required EMD has been furnished, whether the

documents have been properly signed, and whether the bids are generally in order. Bids

not conforming to such preliminary requirements will be prima facie rejected.

d) Executive Director, Karnataka Examination Authority may waive any slip-up or non-

conformity or irregularity in a bid which does not constitute a material deviation, provided

such waiver does not prejudice or affect the relative ranking of any Bidder. Bids not

accompanied with the requisite EMD or whose EMD is not in order shall be rejected.

2. Evaluation Parameters

a) Technical Bids shall first be scrutinized to determine completeness and to assess its

eligibility.

b) Based on the preliminary examination, determine the substantial responsiveness of the

Technical Bids. Technical Bids without any material omissions, errors or incompleteness

shall be considered responsive.

c) Karnataka Examination Authority reserves the right to reject any Bid which is non-

responsive and no request for alteration, modification, substitution or withdrawal shall be

entertained by Karnataka Examination Authority in respect of such Bids. 3. Clarifications from Bidders

Karnataka Examination Authority may, at any time during the evaluation of Technical Bids, seek

clarifications/additional information from the Bidders. This may include discussions with

technical faculties of the Bidders and/or visit to Bidders’ site to verify claims made in the

Technical Bid.

4. Short Listing of Technically Qualified Bidders


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Karnataka Examination Authority shall, subsequent to evaluation of the Technical Bids, including

responses/clarifications from the Bidders, shortlist the Bidders, whose Technical Bids are found

to be acceptable (“Technically Qualified Bidders”). The Price Bids of only the Technically

Qualified Bidders would be evaluated for identification of the Preferred Bidder.

SECTION 5: Evaluation of Price Bid

1. Declaring of Successful Bidder

a) In the commercial bid, which shall be submitted by the bidder, shall provide a single

quotation for the all-inclusive price to be charged for the assignment in the prescribed

format.

b) Only technically qualified bids would be considered for commercial bid evaluation and only

their commercial bids would be opened.

c) The commercial quotes submitted by the qualified bidders will be opened and the lowest

all-inclusive price quoted for the project would be termed as L1 price and the bidder that

has quoted L1 price is ranked the highest.

d) In the event of two or more Bidders being ranked the highest, the Karnataka Examination

Authority may;

i. Invite such Bidders for price negotiation

ii. Take any such measure as may be deemed fit in its sole discretion.

e) The highest ranked Bidder shall be the Preferred Bidder and the Karnataka Examinations

Authority shall proceed with finalizing the agreement with such Bidder.

2. Award Criteria

a) Executive Director, Karnataka Examination Authority will award the Contract to the

successful bidder whose proposal has been determined to be substantially responsive and

has been determined as the Preferred Bidder.

b) In case the bidder, selected through this tendering process as the successful bidder,

remains non-responsive to the communication from the Executive Director, Karnataka

Examination Authority and fails to sign the contract within 2 days of being officially

intimated about its selection. Then the Executive Director, Karnataka Examination Authority

reserves the right to award the contract to the next best bidder with L2 price as the

evaluation criteria.


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c) In case the successful bidder to whom the Executive Director, Karnataka Examination

Authority has notified in writing fails to sign the contract within the stipulated time or

within any extended period to be agreed to in writing by the Executive Director, Karnataka

Examination Authority to the successful bidder, the EMD of the bidder shall be forfeited.

The Executive Director also reserves the right to blacklist the bidder from participating in

any/all tenders of the Government of Karnataka for a period of five years.

3. Department’s Right to Accept or Reject Proposals

Executive Director, Karnataka Examination Authority reserves the right to accept or reject any

proposal, and to annul the bidding process and reject all proposals at any time prior to award of

contract, without thereby incurring any liability to the affected bidder or bidders or any

obligation to inform the affected bidder or bidders of the grounds for department’s action.

4. Notification of Award

(a) Prior to the expiration of the period of bid validity, the Executive Director, Karnataka

Examination Authority will notify the successful Bidder by e-mail or in writing, by registered

letter that its bid has been accepted.

(b) The notification of award will lead to the signing of the Contract.

(c) Upon the successful Bidder’s furnishing of performance bank guarantee and the signing of

the contract Executive Director, Karnataka Examination Authority will promptly notify each

unsuccessful Bidder and will discharge its EMD.

5. Signing of Contract

(a) At the same time as the Executive Director, Karnataka Examination Authority notifies the

successful Bidder that its bid has been accepted, the Executive Director, Karnataka

Examination Authority will send the Bidder the Contract Form, incorporating all agreements

between the parties.

(b) Within 2 days of receipt of the Contract Form, the successful Bidder shall sign and date the

Contract and return it to the Executive Director, Karnataka Examination Authority.


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SECTION 6: Contents of the Bid

1. Technical Bid

It shall comprise of format.

2. Price Bid

Price Bid shall consist of:

a) Commercial Bid Submission Letter -

b) Commercial Bid -

SECTION 7: Bidding Schedule

Karnataka Examination Authority would Endeavour to adhere to the following schedule:

Date of publishing Tender Document 07-04-2014

Last date for submission of tenders 16-04-2014 04.00PM

Date and time of opening of Technical bids 18-04-2014 04.15PM

Date and time of opening of financial bids 19-04-2014 4.00PM

Place of opening of bids

Office of The Executive Director Karnataka Examination Authority Sampige Road, 18th Cross Malleshwaram, Bangalore – 560 012

Address for communication

The Executive Director Karnataka Examination Authority Sampige Road, 18th Cross, Malleshwaram, Bangalore – 560 012, Karnataka, INDIA. Telephones: 080-23462599, 23462758, 23461575, 23564583FAX: 080-23461576 E-MAIL: [email protected]



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SECTION 8: General Conditions of Agreement

1. Definitions

In this Tender document, the following terms shall mean and be interpreted as indicated:

a) "Agreement" means the agreement entered into between the Purchaser and the Vender,

as recorded in the Agreement Form signed by the parties, including all the attachments

and appendices thereto and all documents incorporated under reference therein;

b) "The Contract Price" means the amount payable to the Supplier under the Agreement for

the full and proper performance of its Agreement obligations;

c) "The Goods" means the items such as computers and other hardware which the Supplier is

required to supply to the Purchaser under the Agreement;

d) "Services" means services ancillary to the supply of the Goods, such as transportation and

insurance, and any other incidental services, such as installation, commissioning, provision

of technical assistance, training and other obligations of the Supplier covered under the

Agreement;

e) “GCA” means the General Conditions of Agreement contained in this section.

f) “SCA” means the Special Conditions of Agreement.

g) “The Purchaser”/”Department” means the Karnataka Examination Authority

h) “The Purchaser’s country” is India

i) “The Supplier”/”agency”/“Vender” means the company supplying the Goods and

providing services under this Agreement.

j) "GoK” and “The Government" means the Government of Karnataka State.

k) “The Project Site”, where applicable, means the place or places where the Items are likely

to be installed.

l) “Day” means calendar day.

m) “OEM” means Original Equipment Manufacturer

n) “G2C” means Government to Public

2. Application

These General Conditions shall apply to the extent that they are not superseded by provisions in

other parts of the Agreement.

3. Location


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The Services shall be performed at such locations as the Executive Director, Karnataka

Examination Authority may approve. The Karnataka Examination Authority will not bear any

charges, what so ever, for the service provided by the vender at the specified locations.

4. Standards

The goods supplied under this Agreement shall confirm to the standards mentioned in the

Technical Specifications, and, when no applicable standard is mentioned, to the authoritative

standard appropriate to the Goods' country of origin and such standard shall be latest issued by

the concerned institution.

5. Use of Documents and Information

The supplier shall permit the purchaser /Government to inspect the Supplier’s accounts and

records relating to the performance of the Supplier and to have them audited by auditors

appointed by the purchaser/Government if so required by the Government.

6. Patent Rights

The Supplier shall indemnify the Purchaser against all third-party claims of infringement of

patent, trademark or industrial design rights arising from use of the Goods or any part thereof in

India.

7. Performance Security

a) Within 2 days of receipt of the notification of award, the Supplier shall furnish performance

security for the amount of 5% of the total Value. This should be valid up to one year after

the date of completion of performance obligations including warranty obligations. In the

event of any correction of defects or replacement of defective material during the Warranty

period, the Warranty for the corrected/replaced material shall be extended to a further

period of 12 months and the Performance Security in the form of Bank Guarantee for

proportionate value shall be extended by one year over and above the initial Warranty

period.

b) The proceeds of the performance security shall be payable to the Purchaser as

compensation for any loss resulting from the Supplier's failure to complete its obligations

under the Agreement.

c) The Performance Security shall be denominated in Indian Rupees and shall be in one of the

following forms:

i. A Bank guarantee or irrevocable Letter of Credit issued by a nationalized/public sector

Bank located in India acceptable to the Purchaser, in the form provided in the bidding

documents or another form acceptable to the Purchaser; or


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ii. A cashier's Cheque, banker’s certified Cheque, or crossed demand draft on a

nationalized/public sector Bank located in India or Pay order drawn in favor of the

purchaser.

d) The Performance Security will be discharged by the Purchaser and returned to the Supplier

not later than one year following the date of completion of the Supplier’s performance

obligations, including the warranty obligation, under the Agreement.

e) In the event of any amendment, the Supplier shall, within 21 days of receipt of such

amendment, furnish the amendment to the Performance Security, rendering the same valid

for the duration of the Agreement, as amended for further period of one year thereafter.

8. Inspections and Tests

a) The Purchaser or its representative shall have the right to inspect and/or to test the Goods

to confirm their conformity to the Agreement specifications at no extra cost to the

Purchaser.

b) The inspections and tests may be conducted on the premises of the Supplier or its

subcontractor(s), at point of delivery and/or at the Goods’ final destination. If conducted on

the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance,

including access to drawings and production data - shall be furnished to the inspectors at no

charge to the Purchaser.

i. Should any inspected or tested Goods fail to conform to the specifications, the

Purchaser may reject the goods and the Supplier shall either replace the rejected Goods

or make alterations necessary to meet specification requirements free of cost to the

Purchaser.

ii. The Purchaser's right to inspect, test and, where necessary, reject the Goods after the

Goods' arrival at Project Site shall in no way be limited or waived by reason of the

Goods having previously been inspected, tested and passed by the Purchaser or its

representative prior to the Goods shipment.

iii. The pre-delivery inspection will be carried out by the purchaser or by any one

authorized by the purchaser for this purpose.

c) Before the goods and equipment are taken over by the Purchaser, the Supplier shall supply

operation and maintenance manuals together of the goods and equipment. These shall be in

such detail as will enable the Purchaser to operate, maintain, adjust and repair all parts of

the equipment as stated in the specifications.


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d) The manuals shall be in the ruling language (English) and in such form and numbers as stated

in the contract. Unless and otherwise agreed, the goods and equipment shall not be

considered to be completed for the purpose of taking over until such manuals and drawings

have been supplied to the Purchaser.

9. Warranty

a) The Supplier warrants that the Goods supplied under this Agreement are new, unused, of

the most recent or current models and that they incorporate all recent improvements in

design and materials unless provided otherwise in the Agreement. The Supplier further

warrants that all Goods supplied under this Agreement shall have no defect arising from

design, materials or workmanship (except when the design and/or material is required by

the Purchaser's Specifications) or from any act or omission of the Supplier, that may develop

under normal use of the supplied Goods in the conditions prevailing in the country of final

destination.

b) Unless stated otherwise, the warranty shall remain valid for 36 months after the goods or

any portion thereof as the case may be, have been delivered, commissioned and accepted at

the final destination indicated in the Contract, or for 40 months after the date of receipt of

goods whichever period concludes earlier.

c) The Purchaser shall promptly notify the Supplier in writing of any claims arising under this

warranty.

d) “Upon receipt of such notice, the Supplier, within the specified period, repair or replace the

defective goods or parts thereof, free of cost at the ultimate destination. The Supplier shall

take over the replaced parts/goods at the time of their replacement. No claim whatsoever

shall lie on the Purchaser for the replaced parts/goods thereafter.

e) If the Supplier, having been notified, fails to remedy the defect(s) within 10 days, the

Purchaser may proceed to take such remedial action as may be necessary, at the Supplier's

risk and expense and without prejudice to any other rights which the Purchaser may have

against the Supplier under the Contract.

f) If any system gives continuous trouble, say FOUR times in a month during the warranty

period, the supplier shall replace the system(s) without any additional cost to the Purchaser.

10. Payment

100% Payments shall be made promptly by the Purchaser but in no case later than Sixty(60)

days after submission of the invoice or claim by the Supplier.


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Payment shall be made in Indian Rupees.

11. Assignment

The Supplier shall not assign, in whole or in part, its obligations to perform under the Agreement,

except with the Purchaser's prior written consent.

12. Delays in the Agency’s Performance

a) Delivery of the Goods and performance of the Services shall be made by the Supplier in

accordance with the time schedule specified by the Purchaser in the Schedule of

Requirements / SLA.

b) If at any time during performance of the Agreement, the Supplier should encounter

conditions impeding timely delivery of the Goods and performance of Services, the Supplier

shall promptly notify the Purchaser in writing of the fact of the delay, its likely duration and

its cause(s). As soon as practicable after receipt of the Supplier’s notice, the Purchaser shall

evaluate the situation and may, at its discretion, extend the Supplier’s time for performance

with or without liquidated damages, in which case the extension shall be ratified by the

parties by amendment of the Agreement.

13. Force Majeure

a) Notwithstanding the provisions of above GCA Clauses, the Supplier shall not be liable for

forfeiture of its performance security, liquidated damages or termination for default, if and

to the extent that, it’s delay in performance or other failure to perform its obligations under

the Agreement is the result of Force Majeure conditions.

b) For purposes of this Clause, "Force Majeure" means an event beyond the control of the

Supplier and not involving the Supplier's fault or negligence and not foreseeable. Such

events may include, but are not limited to, acts of the Purchaser either in its sovereign or

contractual capacity, wars, fires, floods, epidemics, quarantine restrictions and freight

embargoes.

c) If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing

of such conditions and the cause thereof. Unless otherwise directed by the Purchaser in

writing, the Supplier shall continue to perform its obligations under the Agreement as far as

is reasonably practical, and shall seek all reasonable alternative means for performance not

prevented by the Force Majeure event.


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14. Resolution of Disputes

The Purchaser and the supplier shall make every effort to resolve amicably by direct informal

negotiation any disagreement or dispute arising between them under or in connection with the

Agreement. However, the decision of The Executive Director for Karnataka Examination

Authority will be final and binding on the supplier.

15. Applicable Law

The Agreement shall be interpreted in accordance with the laws of the Union of India.

16. Modification

Modification of the terms and conditions of this Contract, including any modification of the

scope of the Services or of the Contract Price, may only be made by written agreement between

the Parties.

17. Notices

a) Any notice given by one party to the other pursuant to this Agreement shall be sent to other

party in writing or by e-mail, cable, telex or facsimile and confirmed in writing to the other

Party’s address.

b) A notice shall be effective when delivered or on the notice's effective date, whichever is later.

18. Liability of Damage

a) Executive Director Karnataka Examination Authority, its representatives, assignees, officers,

advisors, consultants and employees shall not be liable for any direct, indirect or

consequential loss or damage sustained by the agency or any person whatsoever claiming

through the agency due to reasons of any harm, loss arising out of this assignment.

b) The agency shall indemnify and hold Executive Director Karnataka Examination Authority

and all its associates, its representatives, assignees, officers, advisors, consultants,

employees harmless from any loss, damage or liability arising from any commission or

omission on the part of the agency, its employees, consultants, sub consultants in

connection with:

Any violation of the laws of India or any other country or damage to any third party

arising from the operationalization of the AGENCYs assignment on this project.

Any failure on the part of the AGENCY to obtain and keep in force the necessary

permissions, licenses, clearances from the Government and authorities concerned.;

Any one compliance of any rules, terms, and conditions laid down by any authority

applicable.


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19. Confidentiality

a) The AGENCY, their hired consultants and the Personnel of either of them shall not, either

during the term or within two (2) years after the expiration of this Contract, disclose any

proprietary or confidential information relating to the Project, the Services, this Contract or

the Department’s operations without the prior written consent of the Executive Director

Karnataka Examination Authority.

b) Executive Director Karnataka Examination Authority may permit the AGENCY to come in to

possession of confidential public records as per the needs of the project and the AGENCY

shall maintain the highest level of secrecy, confidentiality and privacy with regard thereto.

c) Additionally, the AGENCY shall keep confidential all the details and information with regard

to the Project, including systems, facilities, operations, management and maintenance of the

systems/ facilities.

d) Executive Director Karnataka Examination Authority shall retain all rights to prevent, stop

and if required take the necessary punitive action against the AGENCY regarding any

forbidden disclosure.

20. Data Protection

a) In the course of providing the Services the AGENCY may be compiling, processing

and storing proprietary PROJECT Data relating to the users.

b) The AGENCY is responsible for complying with its respective obligations under the

applicable data protection laws and regulations governing the PROJECT data.

c) As a processor of PROJECT Data, the AGENCY will process PROJECT Data in accordance with

the terms of this Agreement. For the purpose of this agreement Data means

Data generated from the application software during the course of its performing

operations.

Data handled by the AGENCY either in digital form or in hard copy for conducting its

services envisaged under the scope of work of this TENDER.

Source code and documentation of the application software or any other proprietary

products used to deliver services under this project or used to generate source code /

documentation.

Data belonging to the Karnataka Examination Authority, with AGENCY getting access

to it as part of its mandate of performing services under the scope of work of this

TENDER.


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Any data which the Executive Director Karnataka Examination Authority may deem

sensitive and confidential.

d) The AGENCY shall not transfer any PROJECT Data unless otherwise authorized by the

Executive Director Karnataka Examination Authority in this regard.

21. Prior Approval from the Department

The AGENCY shall obtain the Departments prior approval in writing before taking any of the

following actions:

a) Entering into a subcontract for the performance of any part of the Services, after

signing this contract with Karnataka Examination Authority it being understood (i)

that the selection of the Sub-consultant and the terms and conditions of the

subcontract, would have been done prior to the submitting the bid proposal and (ii)

that the AGENCY shall remain fully liable for the performance of the Services by the

Sub-consultant and its Personnel pursuant to this Contract; and

b) Any other action that may be specified by the Executive Director Karnataka

Examination Authority.

22. Removal and/or Replacement of Personnel

a) Except as the Director Karnataka Examination Authority may otherwise agree, no changes

shall be made in the Personnel proposed during the bid submission. If, for any reason

beyond the reasonable control of the AGENCY, it becomes necessary to replace any of the

Personnel, the AGENCY shall forthwith provide as a replacement a person of equivalent or

better qualifications.

b) If the Executive Director Karnataka Examination Authority (i) finds that 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 the

Personnel, then the AGENCY shall, at the Director’s written request specifying the grounds

thereof, forthwith provide as a replacement a person with qualifications and experience

acceptable to the Department.

c) There shall be no remuneration paid towards any expenditure incidental to or otherwise

towards such removals/replacements, such as travel charges etc., by the Department.


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23. Approval of Personnel

The Key Personnel deployed for the engagement shall be those whose Resumes have been

submitted by the AGENCY in response to the TENDER and listed out. Before commencement of

the work a list by title as well as by name shall be submitted to the department for verification

with the resumes proposed in the bid proposal.

24. Working Hours, Over time, Leave, etc.

a) Working hours and holidays for the Personnel of the AGENCY are corresponding to that of

the Schedule of Online Admission Process conducted by Karnataka Examination Authority.

b) No other claims, except for the claims as per the quotations in the price bid, will be

entertained. Managing leave of the personnel is the responsibility of the AGENCY and

AGENCY shall ensure that there is no disruption in services and that the deliverables are

made as per the agreed SLAs.

25. Taxes and Duties

The AGENCY shall be entirely responsible for all taxes, duties, license fees, octroi, road permits,

etc., incurred until delivery of the contracted Goods and Services.


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Annexure:

a. Commercial Bid Letter The Executive Director Date: Karnataka Examination Authority Bangalore

Reference: Tender No: <TENDER REFERENCE NUMBER> Dated <DD/MM/YYYY>

Sir/Madam

We, the undersigned Bidders, having read and examined in detail all the bidding

documents in respect of Selection of Agency / System Integrator for providing LAN

infrastructure facility and network at various District Places as per the requirement of

KEA, for online seat allotment system for Karnataka Examinations Authority do hereby

propose to provide Services as specified in the bidding.

We declare that our bid prices are for the entire scope of the work as specified in the

Requirements specified in the bid documents.

We hereby declare that in case the contract is awarded to us, we shall submit the

contract performance guarantee bond.

We hereby declare that our bid is made in good faith, without collusion or fraud and the

information contained in the bid is true and correct to the best of our knowledge and

belief.

6. We understand that our bid is binding on us and that you are not bound to accept Bid

you receive.

Thanking you, Yours faithfully

(Signature of the authorised representative of the Bidder)

Name :

Designation :

Seal :

Date :

Place :

Business Address:


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b. Commercial Bid

PART-A

Particulars Rate

Transportation charges of all required items to

Helpline centres. Transporting UPS with

Batteries, LAN cables, Switches. (Rate to be

quoted for per KM)

Loading and unloading charges of UPS, Batteries

and Battery Stand. (Rate to be quoted per unit.

Per unit means 1 UPS and 20 Batteries)

PART-B

Particulars Rate

Cabling, Installation & connectivity of LAN

Infrastructure at all the helpline centres.

Installation of UPS and Batteries at Helpline

Centre.

Electrical connection from main supply /

interface of KEB to UPS and from UPS to

other computer points.

(Rate to be quoted per helpline centre)

PART-C

Three years maintenance Charges of all the above items at all the respective helpline centres (Rate per year)

(Signature of the authorised representative of the Bidder)

Name :

Designation :

Seal :

Date :

Place :

Business Address:


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