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Tender/Contract Notification

RFP for Supply , Creation of Centralized IT Infrastructre (Email,DNS and Web Services) along with AMC offer for 3 Years

Company

Software Technology Parks of India

Tender Date

28/05/2010

Published Date

Submission Date

6/28/2010 2:00:00 PM

Open Date

6/28/2010 2:30:00 PM

Work Name

RFP for Supply , Creation of Centralized IT Infrastructre (Email,DNS and Web Services) along with AMC offer for 3 Years

Work Location

Bangalore

Address

Software Technology Parks Of India Cyber Park, 6th Floor 76 and 77 Kenoics Electronic City, Hosuri Road Bangalore - 560100

Description

Supply, Design and Installation of IT infrastructure using open source & freeware software and existing hardware& software with STPI. CREATION OF IT INFRASTRUCTURE ( E-MAIL, DNS AND WEB SERVICES) AT STPI BANGALORE AND DR CENTRE AT STPI NOIDA Request for Proposal Supply, Design and Installation of IT infrastructure using open source & freeware software and existing hardware & software with STPI. Tender Document Cost : Rs.5,000.00 RFP No: STPIB/COG/0008 Date: 28.05.2010 Software Technology Parks of India – Bangalore No. 76 and 77, 6th Floor, Cyber Park Electronic City, Hosur Road, Bangalore – 560 100 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 2 of 74 TABLE OF CONTENTS 1. Introduction............................................................................................................... 7 1.1 Software Technology Parks of India .......................................................................... 7 1.2 Issuer ......................................................................................................................... 7 1.3 Key Events & Dates .................................................................................................... 8 1.4 Address for Communication....................................................................................... 8 2 Purpose of RFP ........................................................................................................ 8 3 Existing STPI’s infrastructure:................................................................................ 9 3.1 Present IT Infrastructures at STPI centers for E-mail, Web & DNS services: ...... 9 3.2 Objective of the project.......................................................................................... 10 3.3 Proposed Architecture............................................................................................. 11 4 Scope of Works ..................................................................................................... 12 4.1 Specific Requirements ............................................................................................. 12 4.1.1 Supply & install:.............................................................................................................. 12 4.1.2 Design and Implementation of the Solution for Creating IT Infrastructure : ............... 12 4.1.3 Comprehensive Maintenance Services ( AMC) : ............................................................. 13 4.2 General Implementation/Installation Requirements .............................................. 13 4.3 Scope of Pre-Implementation Plan and Design........................................................ 14 4.4 Security Policy Implementation............................................................................... 14 4.5 Documentation ........................................................................................................ 15 4.6 Training ................................................................................................................... 15 4.7 Final Acceptance Testing......................................................................................... 16 4.8 Responsibility Matrix............................................................................................... 17 5 Implementation Schedule ..................................................................................... 18 6 Payment Schedule................................................................................................. 19 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 3 of 74 7 Service Level Agreement ...................................................................................... 19 7.1 Implementation Service Levels: .............................................................................. 20 7.2 AMC SLAs ................................................................................................................. 21 8 Eligibility Criteria .................................................................................................. 21 9 Bidding Process...................................................................................................... 23 9.1 Download RFP Document ......................................................................................... 23 9.2 Clarification on Tender Document .......................................................................... 23 9.3 Pre-bid conference .................................................................................................. 23 9.4 Amendments to RFP................................................................................................. 24 9.5 Submission of Bid..................................................................................................... 24 9.6 Authentication of Bid .............................................................................................. 24 9.7 Validation of interlineations in Bid......................................................................... 24 9.8 Cost of Bidding ........................................................................................................ 25 9.9 Site Visit .................................................................................................................. 25 9.10 Language of Bids...................................................................................................... 25 9.11 Documents Comprising the Bids............................................................................... 25 9.12 Bid Prices................................................................................................................. 26 9.13 Firm Prices............................................................................................................... 27 9.14 Bid Currencies.......................................................................................................... 27 9.15 Bid Security (Earnest Money Deposit)...................................................................... 27 9.16 Bid Validity Period................................................................................................... 28 10 Bid Evaluation & Vendor Selection .................................................................... 28 10.1 Opening of Bids........................................................................................................ 28 10.2 Bid Evaluation Process............................................................................................. 28 10.3 Evaluation of Commercial bids................................................................................ 29 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 4 of 74 10.4 Bids Not Considered For Evaluation......................................................................... 29 10.5 Rejection Criteria.................................................................................................... 29 10.6 Rectification of Errors............................................................................................. 30 10.7 Notification of Award.............................................................................................. 30 10.8 Signing of Contract.................................................................................................. 31 10.9 Expenses for the Contract ....................................................................................... 31 10.10 Failure to abide by the Agreement ......................................................................... 31 10.11 Consortium.............................................................................................................. 31 10.12 Performance Bank Guarantee ( PBG)....................................................................... 31 10.13 Confidentiality of the Document............................................................................. 31 10.14 Income Tax Liability ................................................................................................ 32 10.15 Duration of the Contract ......................................................................................... 32 10.16 Prices :..................................................................................................................... 32 10.17 Rigtht to Cancel or Reject Tender: ......................................................................... 32 10.18 Confidentiality ........................................................................................................ 32 10.19 Force Majeure.......................................................................................................... 33 10.20 Arbitration............................................................................................................... 34 10.21 Taxes & Duties......................................................................................................... 34 10.22 Termination of the Contract ................................................................................... 34 10.23 Termination for default .......................................................................................... 35 10.24 Termination for insolvency...................................................................................... 35 10.25 Termination for convenience................................................................................... 36 10.26 Events of Default by the Successful Bidder ............................................................. 36 10.27 Consequences in the Event of Default..................................................................... 37 10.28 Suspension of Work.................................................................................................. 38 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 5 of 74 10.29 Representations and warranties.............................................................................. 38 10.30 Approval / Clearances ............................................................................................. 40 10.31 Exit Management..................................................................................................... 40 10.32 Liquidated Damages ................................................................................................ 42 10.33 Penalty..................................................................................................................... 42 10.34 Consequences of Termination.................................................................................. 42 11 Formats for Responses to the Tender – Pre-Qualification Bid......................... 43 11.1 Format 1 – Pre-Qualification Bid Letter .................................................................. 45 11.2 Format 2 - General Information about the Bidder .................................................. 46 11.3 Format 3 – Pre-Qualification Criteria...................................................................... 47 11.4 Format 4 - Declaration Regarding Clean Track Record............................................ 49 11.5 Format 5 – Declaration of Acceptance of Terms and Conditions in RFP.................. 50 12 Formats for Response to the Tender – Technical Bid....................................... 51 12.1 Format 1 – Technical Bid Letter .............................................................................. 51 12.2 Format 2 – Technical Solution ................................................................................. 53 12.3 Format 3 – Implementation Team............................................................................ 53 12.4 Format 4 – Project Experience................................................................................. 53 12.5 Format 5 – Technical Bid Evaluation Criteria........................................................... 54 13 Format for Response to Tender – Commercial Bid ........................................... 57 13.1 Format 1 – Commercial Bid Letter........................................................................... 57 13.2 Format 2 – Breakdown of Cost Components ............................................................ 60 13.2.1 Supply and Installation Price Table Schedule-1 ( A)...................................................... 60 13.2.2 IT infrastructure Integration Charges Table– Schedule 2 (B)......................................... 62 13.2.3 AMC Price Table – Schedule 3 ...................................................................................... 62 13.2.4 Break up of AMC Price for Three Years......................................................................... 63 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 6 of 74 13.3 Annexure ................................................................................................................. 66 13.3.1 Annexure 1 - Proforma of Bank Guarantee towards Bid Security ( EMD)....................... 66 13.3.2 Annexure 2 - Instructions for Furnishing Bank Guarantee............................................. 67 13.3.3 Annexure 3 - Performa of Bank Guarantee (PBG) towards Performance Security ......... 69 13.3.4 Annexure 4 – Definitions & Abbreviations..................................................................... 72 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 7 of 74 1. Introduction 1.1 Software Technology Parks of India Software Technology Parks of India (STPI) is a Society under Department of Information Technology, Ministry of Communications and Information Technology, Government of India. Established by the Government of India in 1991 with the objective of boosting the Software Exports from India, STPI has been the critical support agency for the Indian Information Technology Industry for the statutory services, technology services, incubation services, industry promotional and government interfacing services. STPI’s Industry Promotional and Service Provider role has been one of the key ingredients in the success story of Indian IT offshore industry, which is as big as US$ 23 Billion (in 2005-06). STPI is headquartered in the national capital of New Delhi and has its branch offices at 54 cities across India. Today, STPI’s national member organizations contribute more than 80% of overall Indian Software Exports. Datacomunication Services of STPI STPI is one of the first Data communication Carriers of India. STPI is the first commercial ISP in the country. However, STPI’s clientele is primarily the Indian IT Industry, which essentially means STPI is not a general public service provider. As such, STPI caters to the premium segment with Leased Line Services where Quality is of utmost concern. STPI-Bangalore is the first center of STPI to be setup with an International Gateway. STPIBangalore pioneered the Commercial Internet Services in India and also was the first in offering Video Conferencing services in India. STPI has been providing Datacom and Consultancy services to IT industry and also to the Government. Presently the internal IT infrastructure (e-mail, Web, DNS) is owned & maintained by STPI at individual centers. To increase organization efficiency and ease of management of these services, it is proposed to create centralized integrated IT services for providing Messaging, Web and DNS services. It is proposed to create a centralized IT infrastructure to provide e-mail, DNS and Web services, using the existing hardware, Proprietary software available with STPI and set of suitable open source software and freeware. 1.2 Issuer The RFP is prepared and issued by STPI, Autonomous Society under Dept of IT, Ministry of Communication and IT, Government of India for the selection of implementation agency for this project. The tender document can be obtained from this office against payment of Rs.5,000.00 in form of DD/Bankers Cheque in favour The Director, STPI Bangalore. Those who download from the website shall pay the tender fee along with their offer RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 8 of 74 1.3 Key Events & Dates Following table presents the schedule for the bid process proposed to be carried out by STPI for selection of the implementation agency for this project. Table 1: Bid Schedule Event Target Date Notice Inviting Tender 28.05.2010 Last date to send in requests for clarifications on the tender document 04.06.2010 till 04:00 P.M. Date and Time for Pre- Bid Conference 09.06.2010 at 11:00 A.M. Response to Pre-Bid Clarifications 14.06.2010 Last date for submission of bids 28.06.2010 till 02:00 P.M. Opening of Pre-Qualification Bids 28.06.2010 at 2:30 PM. Evaluation of Bids Pre-Qualification 29.06.2010 and 01.07.2010 by 3:00 PM Opening of Technical Bids of Pre-Qualified bids 01.07.2010 at 4:00 PM Evaluation of Technical Bids 02.07.2010 till 08.07.2010 Opening of Commercial bids of Technically qualified Bids 09.07.2010 1.4 Address for Communication Address for submission of bids The Director #76/77, 6th Floor, Cyber Park Electronics City Bangalore-560100 Phone: (+91) 080-66186000, Fax (+91) 080-28521161 2 Purpose of RFP The purpose of this RFP is to invite competitive bids for creation of IT services such as Messaging, Web and DNS for STPI, using the hardware and proprietary software available with STPI and making use of suitable open source and freeware software. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 9 of 74 The main site shall be established in STPI-Bangalore and the DR location shall setup in STPI Noida Centre for business continuity. The purpose of creating this IT infrastructure is to have the following advantages. 1. Centralized administration and management. 2. To enforce the security policies and other measures easily. 3. Uniform e-mail domain and IDs for all STPI users such as firstname.lastname@stpi.in 4. Saving of bandwidth and other input cost such as power for AC, Lighting etc. 5. Any common information, office orders etc. maybe sent to all or specific users at a time by having appropriate aliases (Example: xyz@stpi.in, abc@stpi.in ) and also to specific STPI center’s users (Example: xyz-12@stpi.in, ). 6. Backup / Restore can be managed in a better manner. 7. Centralized HELPDESK with Escalation Matrix for any service request and/or issues. 8. Other benefits such as more e-mail inbox space, web mail access to all users, high availability 3 Existing STPI’s infrastructure: 3.1 Present IT Infrastructures at STPI centers for E-mail, Web & DNS services: The present General IT infrastructure have been setup at more than 30 STPI Centres, supporting for 51 STPI Centres spread across India ( 51 Centres) and being managed by technical resources of STPI, with more than 30 unique sub-domains. Currently STPI has 600 email user accounts, which were spread across all the centers and most of the centers have their own web sites and DNS. ( Refer Figure 1) RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 10 of 74 Internet Router Switch Firewall DNS Server E-mail Server Web Server Figure 1: Present IT infrastructure at various STPI Centres 3.2 Objective of the project To establish a reliable and secured IT infrastructure ( e-mail, web and DNS services) in STPI Bangalore Data Centre and DR location in STPI Noida. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 11 of 74 3.3 Proposed Architecture SAN 6100 + CLS ADNS V240 V20Z V240 V20Z CDNS MAIL STORE (V20Z) MTA (V440) ADNS & CDNS (X86) WEB (V240) Internet Web V240 MTA V440 Primary Site Bangalore DR Site at Chennai Router Switch Firewall Firewall Switch Load Balancer Load Balancer Internet SAN Mail Store Router L25 Tape Library STPI Scope Bidder Scope STPI Scope Bidder Scope Switch Firewall Figure 2: Proposed IT Infrastructure RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 12 of 74 4 Scope of Works 4.1 Specific Requirements 4.1.1 Supply & install: a. Successful bidder shall supply RAM, Storage Solution (SAN) for DR center and a Sun Solaris 10 Cluster Software as per the specifications mentioned in Annexure “Supply & Install”. The RAM upgradation and Installation of Storage Solution (SAN) in DR Centre, shall be as per the timelines indicated in Section 5 of this RFP, Implementation Schedule. b. The supplied equipment shall be with 3 years warranty and should be supplied in the name of Director, STPI Bangalore. 4.1.2 Design and Implementation of the Solution for Creating IT Infrastructure : a. To create IT infrastructure by making use of Hardware, Software and Opens source & freeware ( as indicated below) software to meet the requirements stated in Annexure “Service Requirements ( e-mail, DNS & Web services)” Open Source and freeware Software recommended to be used: i. MTA – Q Mail ii. IMAP/POP3 – Courier IMAP/Any other suitable software iii. Webserver- Apache/Xampp iv. DNS- BIND ( Binary software) v. Antivirus- ClamAV vi. Antispam & Content Filtering- SpamAssassin vii. Centralised Log Server- SysLOG-NG viii. Webmail client- Openwebmail/Squirrelmail/other suitable client software b. Design the solution to meet all the requirements stated in Annexure Service Requirements, using existing hardware (Servers & network equipment) & Proprietary software available at Primary Site in STPI Bangalore and Open source and freeware software as identified by STPI. c. Designing Criteria should include the following: i. Scalability & security ii. Redundancy for critical sections iii. High Availability iv. High Performance v. Better Manageability vi. Easy switchover to DR location during total failure of services in Primary site vii. The data replication between Main site and DR location shall be synchronous mode and bi-directional. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 13 of 74 d. Take necessary approval for the design from STP e. The installation & Configuration of the above application software shall be built on UNIX operating system ( Solaris 10 for Sparc & Open Solaris 10 for x86 Servers with OS hardening) f. Setting up of centralized syslog server g. Implementation of Role Based Access Control ( RBAC) on Servers and Network Equipment h. The DR shall be built using the available Hardware and Software with STPI and the data back up shall be stored in SAN. i. The e-mail store should be on Storage Area Network ( SAN) at Primary Site. j. Provide training for Team of STPI Engineers. k. Prepare and submit a detailed Technical document including installation of OS & applications, Configuration, Installation Details ( Main Site and DR Centre) and security policy. l. Prepare and submit Operations & Maintenance Manual to enable STPI staff to manage the IT infrastructure effectively, including business continuity operations and backup. 4.1.3 Comprehensive Maintenance Services ( AMC) : a. To provide comprehensive AMC for all the hardware ( Servers & network equipment) and proprietary software for the period of 3 years as listed in Annexure Hardware AMC and Software AMC. b. To meet all the service level requirements as per Annexure “ SLA” 4.2 General Implementation/Installation Requirements a. The successful bidder shall coordinate with the STPI Team on installation schedule for the entire project. This process is to begin at the Project Initiation Meeting. b. The successful bidder is required to use the space provided by STPI for installation of the equipment. c. The successful bidder is responsible to work with STPI Team to understand its IP addressing scheme for Primary Site, DR site and accordingly develop plan and implement. d. All naming standards/schema to be used in configuration, installation, and documentation must comply with standards and to be pre-approved by STPI. e. The successful bidder is responsible to work with STPI to create a VLAN as per design requirement and to implement f. The successful bidder is responsible to work with STPI to develop SNMP configurations, community strings, and authentication for all devices and to implement these in the furnished system. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 14 of 74 g. The solution should be capable of providing desired level of quality of services. h. Successful bidder shall provide and install all cables and connectors necessary, including both copper (Category 5e and 6) and fiber optic patch cables, to complete the installation. STPI expects all cables to be installed in a neat and workmanlike manner, and adhere to best practices for cable management. i. The vendors shall use the equipment rack provided by STPI. j. The implementation work shall be performed during working hours ie. from 8:15 AM to 4:45 PM from Monday to Friday. However, the successful bidder can work beyond working hours with prior intimation to STPI. k. Proposed offer shall include shipping, delivery, configuration, installation, and testing and documentation (including transport/travel ) 4.3 Scope of Pre-Implementation Plan and Design The first activity after signing of the contract would be preparation of implementation plans and detailed design documents for the project implementation. The main steps in this phase shall be as follows: a. The successful bidder shall deploy the project team and carry out site survey as per the location and existing infrastructure list given by STPI. b. The successful bidder would submit a detailed project report and plan of implementation covering the two locations STPI Primary site ( Bangalore) and DR Centre. The plan shall also cover the schedules of supply, installation, testing and commissioning. c. Successful bidder shall, after the necessary study, finalize the solution design in line with the requirements of this RFP. d. The design shall take care of scalability, security and reliability. e. The design document then would be submitted to STPI and any modifications / requirements would be incorporated by the Successful bidder. 4.4 Security Policy Implementation The integrated IT infrastructure, shall be designed for an end-to-end security blanket to protect applications, services, data and the infrastructure from malicious attacks or theft from external (through internet) and internal (through intranet) hackers. Using Firewalls and Intrusion detection systems such attacks and theft should be controlled and well supported (and implemented) with the security policy. The Solution should be designed to make use of the SSL/VPN technologies to have secured RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 15 of 74 communication between Applications and its end users. Furthermore, all the system logs should be properly stored centrally in the syslog server & archived for future analysis and forensics whenever desired. The solution layout should be divided into domains such as: • Trusted Zone –is the secure zone which has a restricted access. This zone mainly consists of storage, database and management servers which are not directly accessible to the outside zone. The trusted zone is separated using strong access control and a firewall, which provides an additional level of security to the infrastructure. • De-militarized Zone – (DMZ) would be a "neutral zone" between STPI internal network and the outside network. It would prevent outside users from getting direct access to the servers. In other words, this is a small network that lies between a trusted internal network (STPI), and an un-trusted network (such as the public Internet). Mostly the DMZ contains devices accessible to Internet traffic, such as Web, FTP, SMTP ,DNS etc. • The design shall comply with best security practices. 4.5 Documentation • Project Commencement: Project Plan in MS Project giving out micro level activities with milestones & deadlines • Document must include, list of open source & freeware software proposed for this project, all the configurations, VLAN information, DMZ, IP address, flow diagram. • Training: Training Material will be provided which will include the presentations used for trainings and also the required relevant documents for the topics being covered. • Process Documentation: The Successful bidder shall be responsible for preparing process documentation related to the operation and maintenance of main and DR setup. The prepared process document shall be formally signed off by STPI before completion of final acceptance test (FAT). • 3 years Warranty Certificate for the supplied equipment. 4.6 Training The successful bidder shall conduct training before the FAT would be completed. Training shall be provided by the successful bidder to the Team identified by STPI. The training material will be provided by the successful bidder RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 16 of 74 Following are the overview of the requirements under training: - Demonstration of the Design & the setup of the solution - Operations and Maintenance tips - Backup Management - Demonstration of Business Continuity Plan ( BCP) using DR site - Change management - Do’s and Don’t check list 4.7 Final Acceptance Testing • Successful bidder must demonstrate to the STPI the services and its security features. • The STPI reserves the right to randomly test services (DNS, e-mail and Web) upon completion of installation. If the results of those tests are deemed unacceptable, successful bidder shall correct all identified errors at no cost to the STPI if it was deemed that the installation was in error. • Services must run 10 consecutive days (Trial run period) without equipment hardware/software failure. Failure during that time will require replacement/reinstallation and another 05-day period for the failed item (only). • Once installation is completed, any randomly selected computer on the network must be able to access appropriate resources. • All of the documentation requirements have to be met, and The successful bidder shall certify in writing to the STPI that, the IT infrastructure created is operational, in accordance with the specifications as mentioned in the RFP, and ready for use. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 17 of 74 4.8 Responsibility Matrix Table 4: Responsibility Matrix S. No Activity STPI Successful bidder 1. Supply of RAM, Storage Solution ( SAN) and Cluster software and necessary installations v 2. Co-ordination with STPI Centres v 3. Providing Physical site, Power,UPS, Eqpt rack and LAN infrastructure & Internet in Primary Site and DR location v 4. Providing Servers and Network Eqpt in Primary Site and DR location v 5. Design the solution using existing Hardware & Proprietary Software and open source and freeware software as identified. v 6. Installation & Commissioning of IT infrastructure v 7. Providing comprehensive AMC for all the hardware and software for the period of 3 year from the date of singing the contract. v RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 18 of 74 S. No Activity STPI Successful bidder 8. Trail run v 9. Training and Documentation v 10. Acceptance Tests and Sign off v v 5 Implementation Schedule Table 5: Implementation Schedule S. N Activity Timelines Remarks 1. Signing of contract T Beginning of the time schedule 2. Submission of detailed document on design, for creating IT infrastructure. T + 05 days - 3. Supply & upgradation of RAM for all the Sun Fire (Sparc & x86) servers in Primary site STPI Bangalore and DR Centre STPI Noida T+15 Days 4. Supply Sun Solaris 10 cluster software and Implementation of IT infrastructure in Primary Site T + 30 days 5. Supply and installation of SAN in DR Centre T+35 days 6. Implementation of IT infrastructure in DR Site T1=T+45 days RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 19 of 74 S. N Activity Timelines Remarks 7. Trial Run T2=T1+10 days 8. Training and Documentation T3=T1+05 days 9. Final Acceptance Testing and Sign Off T4=T2+05 days “go-live” Note: The timeline is accountable as per STPI calendar (Monday to Friday) 6 Payment Schedule • Supply & Installation, The successful bidder will be paid 100% of the payment pertaining to the equipment supplied ( Storage Solution(SAN), upgradation of RAM and supply of Sun Solaris 10 cluster software). The payment will be released upon completion of supply & successful installation of Storage Solution in DR Centre and up gradation of RAM in Primary and DR Centre. • Implementation of IT infrastructure : Upon completion of creation of IT infrastructure (e-mail, DNS and Web Services) both at Primary site and DR Centre and successful completion of FAT, the successful bidder will be paid 75% payment towards creation of IT infrastructure, the balance payment of 25% will be made after 90 days of FAT. • AMC Payment during 3 years Contract Period : On submission of Bank Guarantee, the successful bidder will be paid AMC charges half yearly in advance. The subsequent payment will be made after deducting service level breaches if any. 7 Service Level Agreement The purpose of this Service Level Agreement (hereinafter referred to as SLA) is to clearly define the levels of service which shall be provided by the Successful bidder to STPI for the duration of this contract. The SLA has been logically segregated in the following categories: 1. Implementation Service levels 2. AMC Service levels ( Details can be referred from Annexure SLA) RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 20 of 74 7.1 Implementation Service Levels: Any breach in meeting the implementation timeline, the following penalties ( as per Table 6) would be levied on the successful bidder. Table 6: Implementation Service Levels S. N Activity Timelines Remarks 1. Signing of contract T Forfeiture of EMD 2. Submission of detailed document on design, for creating IT infrastructure. T + 05 days 1% of the total integration Price per Week* 3. Supply & upgradation of RAM for all the Sun Fire ( Sparc and x86) servers in Primary site STPI Bangalore and DR Centre STPI Noida T+15 Days 2.5% of the total cost of Supply Prices per week* 4. Supply cluster software and Implementation of IT infrastructure ( email, DNS and Web) in Primary Site as per the Requirements. T + 30 days 2% of the total integration Price per Week* 5. Supply and installation of SAN in DR Centre T+35 days 2.5% of the total cost of Supply Prices per week* 6. Implementation of IT infrastructure in DR Site T1=T+45 days 0.5% of the total integration Price per Week* 7. Trial Run T2=T1+10 days 0.5% of the total integration Price per Week* 8. Training and Documentation T3=T1+05 days 1% of the total integration Price per Week* 9. Final Acceptance Testing and Sign Off T4=T2+05 days NA * The penalty mentioned shall be applicable for a period of 15 days and delay beyond this period, shall attract forfeit of PBG by STPI and termination of contract. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 21 of 74 7.2 AMC SLAs During the contract period ( from the date of signing the contract), the successful bidder should ensure the service levels of the Hardware & Software as per the Annexure “SLA” for the contract period of 3 years, from the date of signing the contract. 8 Eligibility Criteria The bidder must possess the requisite experience, strength and capabilities in providing the services necessary to meet the requirements as described in the RFP document. The following criteria are prescribed as pre-qualification criteria for bidder interested in undertaking the project. The bidder must also possess the technical know-how and the financial wherewithal that would be required to successfully provide the services sought by the STPI for the entire period of the contract i.e 3 yrs. The bids must be complete in all respect and should cover the entire scope of work as stipulated in the tender document. The invitation to bid is open to all bidders who qualify the eligibility criteria as given below: Table 8: Eligibility criteria S. No Clause Documents Required 1. The bidder (prime) should be the company registered under the Companies Act, 1956 since last five years Certificate of incorporation and Self Certification of being in the Information Technology business for the last five years should be attached. 2. The bidder (prime) should be an established Information Technology company/ IT System Integrator and should have been in this business for a period exceeding five years as on 31.03.2009 Work Orders confirming year and Area of activity. Memorandum and Articles of Associations should be attached. 3. The bidder (prime) should have positive net worth and turnover of more than Rs. 10 Crores for each of the last five Financial Years ending on 31.03.2009 Chartered Accountant certificate for Networth. Copy of the audited profit & loss account of the company showing turnover of the company for the last five years (up to 31- RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 22 of 74 S. No Clause Documents Required Mar-09). 4. The bidder (prime) should have commissioned and installed at least three “ in setting up of IT infrastructure” project during the last five years as on 31.03.09, with order value not less than 1 Crores. Copy of work order / client certificates. 7. a) The bidder (prime) must have on its roll at least 25 technically qualified professionals in the area of IT infrastructure ( e-mail, web, DNS) creation and maintenance services as on 31.03.2009 . a) Certificate from bidders HR Department for number of technically qualified professionals employed by the company. b) Client certificate on the IT infrastructure creation and maintenance 8. The bidder (prime) shall not be under a declaration of ineligibility for corrupt or fraudulent practices or blacklisted with any of the Government agencies. Declaration in this regard by the authorized signatory of the prime bidder should be attached. 9. The bidder (prime) should have an office in the Bengalore and Noida. Relevant Documents or Undertaking signed by the Authorized Signatory. 10. The bidder (prime) should submit valid letter from the OEMs confirming following: a. Authorization for bidding b. Undertake that the support including spares, patches for the Hardware & software shall be available for next 3 years Letter from OEM ( Separate OEM certificates need to be attached) 11. The bidder (prime) should have ISO 9001: 2000 Certificate. Valid ISO 9001:2000 certificate 13. The bidder (prime) should furnish DD / Bank Guarantee against Earnest Money Deposit for amount Rs. 4,00,000/- EMD Proof RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 23 of 74 S. No Clause Documents Required (Four Lakhs only) 9 Bidding Process 9.1 Download RFP Document Bidder can download the tender document from the portal (http://www.blr.stpi.in or http://www.stpi.in) till the due date and time for bid submission as indicated in the Key Dates above. 9.2 Clarification on Tender Document A prospective Bidder requiring any clarification on the RFP Document may submit his queries, in writing, at the mailing address as indicated in “Section 1.4 Address for Communication”. The queries over e-mail may be sent to sdpg@blr.stpi.in, in the following format only: S. N Section No. Clause No. Reference/ Subject Clarification Sought .. .. .. .. .. The queries not adhering to the above mentioned format shall not be responded. The STPI will respond to any request for clarification to queries on the Tender Document, received not later than the dates as indicated in “ Section 1.3 Key events and dates”. 9.3 Pre-bid conference The STPI shall organize a Pre Bid Conference on the scheduled date and time at STPI, Electronics City, Bengalore. The STPI may incorporate any changes in the RFP based on acceptable suggestions received during the interactive Pre Bid Conference. The decision of the STPI regarding acceptability of any suggestion shall be final in this regard and shall not be called upon to question under any circumstances. The prospective bidders shall submit their questions in writing at the mailing address as indicated in “Section 1.4 Address for Communication” not later than Date and Time indicated under Section 1.3 above. It may not be possible at the Pre Bid Conference to answer questions which are received late. However, prospective bidders are free to raise their queries during the meeting and responses will be conveyed to all the prospective bidders (by way of hosting amendments/ clarifications on the website i.e. at www.blr.stpi.in or www.stpi.in, in accordance with the respective clauses of the RFP within 3 working days of completion of the Pre Bid Conference and no participant would be intimated individually about the response of the STPI.. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 24 of 74 9.4 Amendments to RFP At any time till 7 days before the deadline for submission of bids, STPI may, for any reason, whether at own initiative or in response to a clarification requested by a prospective Bidder, modify the bidding document by amendment. All the amendments made in the document would be published in the website of www.blr.stpi.in and www.stpi.in. STPI would not be responsible if the bidders do not get the individual intimates of such amendments. All such amendments shall be binding on all the bidders. The bidders are also advised to visit the aforementioned websites on regular basis for checking necessary updates. STPI also reserves the rights to amend the dates mentioned in Section 1.3 of this volume for bid process. 9.5 Submission of Bid All interested bidders shall pay EMD ( EMD shall be enclosed along with Pre- Qualification Bid) and submit their Pre-qualification, Technical and Commercial RFP responses to STPI, in three cover system. a. Pre-Qualification superscripted as “IT Infra Pre-Qual Bid” b. Technical Qualification superscripted as “IT Infra Technical Bid” c. Commercial superscripted as “IT Infra Commercial Bid” All the above three covers shall be sealed separately and enclosed in a Single Cover superscripted as “ IT infra- PreQual, Technical and Commercial Bid” Bidders shall submit the tenders in three cover system before the scheduled date and time for bid submission as indicated in section 1.3. Tenders submitted after the due date and time will not be considered and STPI will not be liable or responsible for any delays. 9.6 Authentication of Bid The original and all copies of the bid shall be typed. The original and all copies (hard copies) shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the Contract. A letter of authorization shall be supported by a written power-of –attorney accompanying the bid. All pages of the bid, except for unamended printed literature, shall be signed and stamped by the person or persons signing the bid. 9.7 Validation of interlineations in Bid The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the Bidder, in which case such corrections shall be signed by the person or persons signing the bid. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 25 of 74 9.8 Cost of Bidding The Bidder shall bear all costs associated with the preparation and submission of its bid including cost of presentation for the purposes of clarification of the bid, if so desired by the STPI. The STPI shall in no case be responsible or liable for those costs, regardless of the outcome of the Tendering process. 9.9 Site Visit The bidders may visit the sites ( Primary Site and DR centre) and obtain additional information at their own cost and responsibility. 9.10 Language of Bids The Bids prepared by the Bidder and all correspondence and documents relating to the bids exchanged by the Bidder and the STPI-Bangalore, shall be written in English language. Any printed literature furnished by the Bidder may be written in another language so long the same is accompanied by a duly attested English translation in which case, for purposes of interpretation of the bid, the English translation shall govern. 9.11 Documents Comprising the Bids The bid prepared by the Bidder shall comprise the following components. The bids not conforming to the requirements shall be summarily rejected. I.Pre Qualification Bid In support of eligibility, a bidder must submit the following documents (besides the other requirements of the tender), original copies or attested copies, as the case may be, in the absence of which the Bid will be rejected.  Section 11, Format 1 – Pre-Qualification Bid Letter  Section 11, Format 2 - General Information about the Bidder  Section 11, Format 3 – Pre-Qualification Criteria  Detailed checklist for pre-qualification dully filled in along with the supporting documents as defined in Section 11, Format 3.  Pre qualification bid should contain proof of Earnest Money Deposit (EMD) submitted to STPI.  Power of Attorney executed by the Bidder in favour of the Principal Officer or duly Authorized Representative, certifying him as an authorized signatory for the purpose of this Tender. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 26 of 74  Declaration that the bidder has not been debarred / blacklisted by any reputed Govt. / Semi-Govt. organization for quality of services / product and there is no major complaint against the bidder by any organization as per Section 11, Format 4.  An Acceptance by the bidder to the Terms & Conditions mentioned in this RFP, Section 11, Format 5 II.Technical Bid The Technical Bid, besides the other requirements of the Tender, shall comprise of the following  Section 12, Format 1 – Technical Bid Letter  Section 12, Format 2 – Technical Solution & Design as per requirement  Section 12, Format 3 – Implementation Team details  Section 12, Format 4 – Similar Project Experiences  Section 12, Format 5 – Technical Bid Evaluation Criteria ( Vender Response column) III.Financial Bid The Commercial Bid, besides the other requirements of the Tender, shall comprise of the following:  Section 13, Format 1: Commercial Bid Letter  Section 13, Format 2: Breakdown of Cost Components IV.Undertaking An undertaking from the Bidder stating the compliance with all the conditions of the Contract and Technical Specifications of the Bidding Document since no deviation will be acceptable to the STPI. 9.12 Bid Prices a. The Bidder shall indicate price in the prescribed format, the unit rates and total Bid Prices of the IT infrastructure & AMC costs, under the Contract. Prices should be shown separately for each item as detailed in Tender Documents. In absence of above information as requested, the bid may be considered incomplete and hence rejected. The price components furnished by the Bidder in accordance with format below will be solely for the purpose of facilitating the comparison of bids by the RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 27 of 74 STPI and will not in any way limit the STPI right to contract on any of the terms offered. b. The Bidder shall prepare the bid based on details provided in the tender documents. It must be clearly understood that the scope of work is intended to give the bidder an idea about the order and magnitude of the work and is not in any way exhaustive and guaranteed by the STPI. The Bidder shall carry out all the tasks in accordance with the requirement of the tender documents & due diligence and it shall be the responsibility of the Bidder to fully meet all the requirements of the tender documents. c. If during the course of execution of the project any revisions to the work requirements like Technical specifications, Equipment sizing’s etc. are to be made to meet the goals of STPI, all such changes shall be negotiated based on the unit rates specified in the contract or on the prevailing market rates. 9.13 Firm Prices a. Prices quoted in the bid must be firm and final and shall not be subject to any change. b. The Commercial bid should clearly indicate the price to be charged without any qualifications whatsoever and should include all taxes, duties, fees, levies, works contract tax and other charges as may be applicable in relation to the activities proposed to be carried out. It is mandatory that such charges wherever applicable/payable should be indicated separately in Section 13 – Format 2: Breakdown of Cost Components. c. Prices in any form or by any reason before opening the Commercial Bid should not be revealed, failing which the offer shall be liable to be rejected. If price change is envisaged due to any clarification, revised Bid in a separate sealed cover shall be submitted with prior written permission of the STPI 9.14 Bid Currencies Prices shall be quoted in Indian Rupees (INR). 9.15 Bid Security (Earnest Money Deposit) The Bid shall contain EMD amount of Rs. 4,00,000 (Indian Rupees Four Lakhs only) and shall be paid through DD only in favor of “ Director STPI Bangalore”: Note: RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 28 of 74 The bidder shall be disqualified in the pre-qualification process if the prescribed EMD is not submitted along with the bid. The EMD (bid security) of the unsuccessful Bidder/s will be discharged / returned as promptly as possible, but not later than 60 days after the award of the contract to the successful bidder. No interest will be payable by STPI on the amount of the Bid Security. The bid security may be forfeited: 1. If a Bidder withdraws bid or increases the quoted prices during the period of bid validity, or its extended period, without the explicit consent of the department, if any; or 2. In the case of, a successful Bidder fails to meet the timelines for the following: • Sign the Agreement or, • Furnish the required Performance Bank Guarantee ( PBG) 9.16 Bid Validity Period Bids shall remain valid for 90 days after the date of opening of Technical Bids prescribed by the STPI. A bid valid for a shorter period may be rejected as nonresponsive. However, the prices finalized after opening the tenders shall not increase throughout the period of contract. In exceptional circumstances, the STPI may request the Bidder(s) for an extension of the period of validity. The request and the responses thereto shall be made in writing (or by fax). The validity of EMD shall also be suitably extended. 10 Bid Evaluation & Vendor Selection 10.1 Opening of Bids STPI constitute a evaluation committee ( PreQual, Technical and Commercial) to evaluate the bids and to submit its evaluation report. STPI’s decision on selection of the bidder is final and binding. 10.2 Bid Evaluation Process A three-stage procedure will be adopted for evaluation of proposals, with the pre qualification being completed before the technical evaluation and thereafter financial proposals being opened and compared. Pursuant to the pre-qualification criterion bidders will be short-listed for technical bid. Technical bids will be opened only for the bidders who succeed the pre-qualification criterion. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 29 of 74 STPI will review the technical bids of the short-listed bidders to determine whether the technical bids are substantially responsive. Bids that are not substantially responsive are liable to be disqualified. The commercial bids for the technically qualified bidders will then be opened and reviewed to determine whether the commercial bids are substantially responsive. Conditional bids are liable to be rejected. The purpose of this clause is only to provide the Bidders an idea of the evaluation process that the STPI may adopt. However, the STPI reserves the right to modify the evaluation process at any time during the Tender process, without assigning any reason, whatsoever and without any requirement of intimating the Bidders of any such change. 10.3 Evaluation of Commercial bids The commercial bids will be opened only for the bidders who meet the minimum technical evaluation parameters. The bid with the lowest commercial price (L1) will be considered as the successful bid. 10.4 Bids Not Considered For Evaluation Bids that are rejected during the bid opening process due to incomplete documentation or late submission shall not be considered for further evaluation. 10.5 Rejection Criteria Besides other conditions and terms highlighted in the tender document, bids may be rejected under following circumstances: a) Pre Qualification Rejection Criteria • Bids submitted without or with improper EMD. • Bids which do not conform to unconditional validity of the bid as prescribed in the Tender. • If the information provided by the Bidder is found to be incorrect / misleading at any stage / time during the Tendering Process. • Any effort on the part of a Bidder to influence the bid evaluation, bid comparison or contract award decisions. • Bids without signature of person (s) duly authorized on all the pages of the bid • Bids without power of authorization and any other document consisting of adequate proof of the ability of the signatory to bind the Bidder. • Failure to furnish proofs for information provided b) Technical Rejection Criteria • Technical Bid containing commercial details. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 30 of 74 • Revelation of Prices in any form or by any reason before opening the Commercial Bid. • Failure to furnish all information required by the RFP Document or submission of a bid not substantially responsive to the Tender Document in every respect. • Failure to furnish proofs for information provided • Bidders not quoting for the complete scope of Work as indicated in the Tender documents, addendum (if any) and any subsequent information given to the Bidder. • Bidders not complying with the Technical and General Terms and conditions as stated in the RFP Documents. • The Bidder not conforming to unconditional acceptance of full responsibility of providing services in accordance with the Scope of work and Service Level Agreements of this tender. • If the bid does not confirm to the timelines indicated in the bid. c) Commercial Rejection Criteria • Incomplete Price Bid • Price Bids that do not conform to the Tender’s price bid format. • Total price quoted by the Bidder does not include all statutory taxes and levies applicable. 10.6 Rectification of Errors Arithmetical errors in the Financial Bid will be rectified on the following basis. • If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and will be considered for future calculations. • If there is a discrepancy between words and figures, the amount in words shall prevail. • In case of any other discrepancy, STPI has the right to choose the price that it perceives as true. • If the bidder does not accept the correction of errors, its bid will be rejected and its bid security ( EMD) may be forfeited. 10.7 Notification of Award Before the expiry of the period of validity of the proposal, the STPI shall notify the successful Bidder in writing by registered letter or by fax, that its bid has been accepted. The Bidder shall acknowledge in writing receipt of the notification of award and shall send his acceptance to enter into agreement within five (5) days of receiving the notification. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 31 of 74 10.8 Signing of Contract The notification of the award shall constitute signing of the agreement. The signing of agreement will amount to award of contract and bidder will initiate the execution of the wok as specified in the agreement. At the same time as the STPI notifies the successful Bidder that its bid has been accepted, the STPI will send the Bidders the Performa for Contract & SLA provided in the Tender Document, incorporating all agreements between the parties. Within 5 days of receipt of the Contract, the successful Bidder shall sign and date the Contract and return it to the STPI. 10.9 Expenses for the Contract The incidental expenses of execution of agreement / contract shall be borne by the successful bidder. 10.10 Failure to abide by the Agreement The conditions stipulated in the agreement shall be strictly adhered to and violation of any of the conditions will entail termination of the contract without prejudice to the rights of the STPI with such penalties as specified in the Bidding document and the Agreement. 10.11 Consortium The bidder can have consortium or Joint Venture to execute the contract; however the prime bidder is wholly responsible for all the deliverables as stated in the tender document throughout the contract period. 10.12 Performance Bank Guarantee ( PBG) Within 14 days of the receipt of notification of award from the STPI, the successful Bidder shall furnish PBG (Amount equal to 10% of the yearly AMC Cost) in accordance with the Terms & Conditions of Contract, in the Contract Performance Guarantee Bond prescribed at Annexure 3 of Section 13.3 - Proforma of Bank Guarantee towards Performance Security. Failure of the successful Bidder to comply with the requirement shall constitute sufficient grounds for the annulment of the award and forfeiture of the EMD. 10.13 Confidentiality of the Document This Tender Document is confidential and the STPI Bangalore shall ensure that anything contained in this Tender Document shall not be disclosed in any manner, whatsoever. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 32 of 74 10.14 Income Tax Liability The bidder will have to bear all Income Tax liability both corporate and personal tax. 10.15 Duration of the Contract The CONTRACT shall remain valid for a period of 3 (Three) years from the date of acceptance and signing an agreement. 10.16 Prices : The prices quoted shall include all the scoped works to execute this contract without any price escalation for whatsoever reason. 10.17 Right to Cancel or Reject Tender: STPI reserves the right to Cancel and/or Reject the tender without assigning any reason. 10.18 Confidentiality a. As used herein, the term “Confidential Information” means any information, including information created by or for the other party, whether written or oral, which relates to internal controls, computer or data processing programs, algorithms, electronic data processing applications, routines, subroutines, techniques or systems, or information concerning the business or financial affairs and methods of operation or proposed methods of operation, accounts, transactions, proposed transactions or security procedures of either party or any of its affiliates, or any client of either party, except such information which is in the public domain at the time of its disclosure or thereafter enters the public domain other than as a result of a breach of duty on the part of the party receiving such information. It is the express intent of the parties that all the business process and methods used by the Bidder in rendering the services hereunder are Confidential Information. b. At all times during the performance of the Services, the Bidder shall abide by all applicable security rules, policies, standards, guidelines and procedures. The Bidder should note that before any of its employees or assignees is given access to the Confidential Information, each such employee and assignees shall agree to be bound by the term of this tender and such rules, policies, standards, guidelines and procedures by its employees or agents. c. The Bidder shall do everything reasonably possible to preserve the confidentiality of the Information including execution of a confidentiality agreement with the members of the sub-Implementation Agency and other service provider’s team members to the satisfaction of the STPI . RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 33 of 74 d. The Bidder shall sign a Non Disclosure Agreement (NDA) with the STPI. The Implementation Agency, its antecedents and the sub-Implementation Agency shall be bound by the NDA. The DCO ( Document Control Officer) will be held responsible for any breach of the NDA by its antecedents, delegates or sub- Implementation Agency. e. The Bidder shall be liable to fully recompense the STPI for any loss of revenue arising from breach of confidentiality. The STPI reserves the right to adopt legal proceedings, civil or criminal, against the DCO in relation to a dispute arising out of breach of obligation by the DCO under this clause f. The Bidder shall not disclose any confidential information to any other party and keep confidential the terms and conditions of this Contract agreement, any amendment hereof, and any Attachment or Annexure hereof. g. The Bidder may only disclose Information with the prior written consent of the STPI - Bangalore to a member of the Implementation Agency’s Team (“Authorized Person”) if the Authorized Person is obliged to use it only for the performance of obligations under this contract. h. The Bidder shall notify the STPI - Bangalore promptly if it is aware of any disclosure of the Information otherwise than as permitted by this Contract or with the authority of the STPI - Bangalore i. The obligations of confidentiality under this section shall be for life time i.e even after the completion or termination of the contract. j. The Bidder or its agent or its employee shall not remove any information which might have come to its custody during the discharge of its obligation under the contract through any means like, but not limited to, email, floppy, CD, DVD, Pen Drive, Hard Disk or printed form without the specific written permission of STPI. 10.19 Force Majeure a. Force Majeure shall not include any events caused due to acts/omissions of such Party or result from a breach/contravention of any of the terms of the Contract, Bid and/or the Tender. It shall also not include any default on the part of a Party due to its negligence or failure to implement the stipulated/proposed precautions, as were required to be taken under the Contract. b. The failure or occurrence of a delay in performance of any of the obligations of either party shall constitute a Force Majeure event only where such failure or delay could not have reasonably been foreseen or where despite the presence of adequate and stipulated safeguards the failure to perform obligations has occurred. In such an event, the affected party shall inform the other party in RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 34 of 74 writing within five days of the occurrence of such event. STPI will make the payments due for Services rendered till the occurrence of Force Majeure. However, any failure or lapse on the part of Successful bidder in performing any obligation as is necessary and proper to negate the damage due to projected force majeure events or to mitigate the damage that may be caused due to the abovementioned events or the failure to provide adequate disaster management/recovery or any failure in setting up a contingency mechanism would not constitute force majeure, as set out above. c. In case of a Force Majeure all Parties will endeavor to agree on an alternate mode of performance in order to ensure the continuity of service and implementation of the obligations of a party under the Contract and to minimize any adverse consequences of Force Majeure. 10.20 Arbitration State and the Successful bidder shall make every effort to resolve amicably by direct informal negotiation on any disagreement or dispute arising between them under or in connection with the Contract. If, after thirty (30) days from the commencement of such informal negotiations, State and the Successful bidder have been unable to amicably resolve dispute, either party may require that the dispute be referred for resolution to the formal mechanisms, which may include, but are not restricted to, conciliation mediated by a third party acceptable to both, or in accordance with the Arbitration and Conciliation Act, 1996. All Arbitration proceedings shall be held at Bengalore, and the language of the arbitration proceedings and that of all documents and communications between the parties shall be in English. STPI may terminate this contract by giving a written notice of termination of minimum 30 days to the Implementation Agency, if the Bidder fails to comply with any decision reached consequent upon arbitration proceedings. Notwithstanding the fact that settlement of dispute(s) (if any) under arbitration may be pending, the parties hereto shall continue to be governed by and perform the work in accordance with the provisions under the Scope of Work to ensure continuity of operations 10.21 Taxes & Duties Bidder is liable for all taxes and duties etc. Bidder shall maintain adequate books and records in connection with Contract and shall make them available for inspection and audit by STPI or any agency authorized by it during the terms of Contract until expiry of the performance guarantee. 10.22 Termination of the Contract In case of termination of the contract STPI would RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 35 of 74 • Retain such amounts from the payment due and payable by STPI to the Successful bidder of overall contract value for three years as may be required to offset any losses caused to STPI as a result of such event of default and the SUCCESSFUL BIDDER shall compensate STPI for any such loss, damages or other costs, incurred by STPI in this regard. • Nothing herein shall effect the continued obligation of the sub SUCCESSFUL BIDDER / other members of its Team to perform all their obligations and responsibilities under this Contract in an identical manner as were being performed before the occurrence of the default. • Invoke the Performance Bank Guarantee and other Guarantees furnished hereunder, enforce the Deed of Indemnity, recover such other costs/losses and other amounts from the SUCCESSFUL BIDDER may have resulted from such default and pursue such other rights and/or remedies that may be available to STPI under law. 10.23 Termination for default a. STPI, without prejudice to any other remedy for breach of the Contract, by written notice of default sent to the vendor, may terminate the contract in whole or in part:  If the vendor fails to deliver any or all of the good/services within the time period(s) specified in the Contract, or within any extension thereof granted by STPI as per agreed terms & conditions with the Vendor Or  If the vendor fails to perform any other obligation(s) under the contract Or  If the vendor, in the judgment of STPI has engaged in corrupt or fraudulent practices in competing for or in executing the contract. b. In the event STPI terminated the contract in whole or in part, STPI may procure, upon such terms and in such manner as it deems appropriate, goods or services similar to those undelivered, and the vendor shall be liable to STPI for any excess costs for such similar goods or services. However, the vendor shall continue performance of the contract to the extent not terminated. 10.24 Termination for insolvency STPI may at any time terminate the Contract by giving written notice to the Implementation Agency without compensation to the Implementation Agency, if the SUCCESSFUL BIDDER becomes bankrupt or otherwise insolvent, provided that such RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 36 of 74 termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to STPI. 10.25 Termination for convenience STPI, may at any time by giving 30days written notice to the Vendor, terminate the contract, in whole or in part, for its convenience. The notice of termination shall specify the termination is for STPI / Purchaser’s convenience, the extent to which performance of the vendor under the Contract is terminated, and the date upon which such termination becomes effective. 10.26 Events of Default by the Successful Bidder a. The failure on the part of the SUCCESSFUL BIDDER to perform any of its obligations or comply with any of the terms of this Contract shall constitute an Event of Default on the part of the successful bidder. The events of default as mentioned above may include but not limited to inter alia the following also: b. The SUCCESSFUL BIDDER has failed to perform any instructions or directives issued by STPI which it deems proper and necessary to execute the scope of work under the Contract or c. The SUCCESSFUL BIDDER has failed to adhere to any of the key performance indicators as laid down in the Key Performance Measures / Contract or if the SUCCESSFUL BIDDER has fallen short of matching such standards/targets as STPI may have designated with respect to any task necessary for the execution of the scope of work under this Contract. The above mentioned failure on the part of the SUCCESSFUL BIDDER may be in terms of failure to adhere to timelines, specifications, requirements or any other criteria as defined by STPI. d. The SUCCESSFUL BIDDER has failed to remedy a failure to perform its obligations in accordance with the specifications issued by STPI despite being served with a default notice which laid down the specific deviance on the part of the SUCCESSFUL BIDDER to comply with any stipulations or standards as laid down by STPI or e. The Implementation Agency/Implementation Agency’s Team has failed to conform with any of the Service/Facility Specifications/standards as set out in the scope of work of this Tender document or has failed to adhere to any amended direction, modification or clarification as issued by STPI during the term of this Contract and which STPI deems proper and necessary for the execution of the scope of work under this Contract RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 37 of 74 f. The SUCCESSFUL BIDDER has failed to demonstrate or sustain any representation or warranty made by it in this Contract with respect to any of the terms of its Bid or the Tender and this Contract g. There is a proceeding for bankruptcy, insolvency, winding up or there is an appointment of receiver, liquidator, assignee, or similar official against or in relation to the Implementation Agency. h. The Implementation Agency/Implementation Agency’s Team has failed to comply with or is in breach or contravention of any applicable laws. i. Where there has been an occurrence of such defaults inter alia as stated above, STPI shall issue a notice of default to the Implementation Agency, setting out specific defaults / deviances / omissions and providing a notice of Sixty (60) days to enable such defaulting party to remedy the default committed. j. Where despite the issuance of a default notice to the SUCCESSFUL BIDDER by STPI the SUCCESSFUL BIDDER fails to remedy the default to the satisfaction of the Implementation Agency, STPI may, where it deems fit, issue to the defaulting party another default notice or proceed to adopt such remedies as may be available to STPI. 10.27 Consequences in the Event of Default a. Where an Event of Default subsists or remains uncured beyond permissible or reasonable time, STPI may/shall be entitled to the following: for cases where permissible time is not indicated in the contract, STPI will decide, at its discretion, the quantum of reasonable time to cure the default. b. Impose any such obligations and conditions and issue any clarifications as may be necessary to inter alia ensure smooth continuation of Services and the project which the SUCCESSFUL BIDDER shall be obliged to comply with which may include unilateral re-determination of the consideration payable to the SUCCESSFUL BIDDER hereunder. The SUCCESSFUL BIDDER shall in addition take all available steps to minimize loss resulting from such event of default. c. STPI may by a written notice of suspension to the Implementation Agency, suspend all payments to the SUCCESSFUL BIDDER under the Contract provided that such notice of suspension: o Shall specify the nature of the failure and o Shall request the SUCCESSFUL BIDDER to remedy such failure within a specified period from the date of receipt of such notice of suspension by the Implementation Agency. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 38 of 74 d. Where STPI deems necessary it shall have the right to require replacement of any of the Implementation Agency’s sub-contractors / vendors with another suitable member. The SUCCESSFUL BIDDER shall in such case terminate forthwith all their agreements/contracts other arrangements with such member and find of the suitable replacement for such outgoing member with another member to the satisfaction of STPI who shall execute such Contracts with STPI as STPI may require. Failure on the part of the SUCCESSFUL BIDDER to find a suitable replacement and/or terminate all agreements/contracts with such member shall amount to a breach of the terms hereof and STPI in addition to all other rights, STPI may procure similar services from other Service provider at the cost of SUCCESSFUL BIDDER and STPI will also have the right to claim damages and recover from the SUCCESSFUL BIDDER all losses/ or other damages that may have resulted from such failure. 10.28 Suspension of Work a. The SUCCESSFUL BIDDER shall, if ordered in writing by the STPI’s Representative, temporarily suspend the works or any part thereof for such a period and such a time as ordered. The SUCCESSFUL BIDDER shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of the Works as aforesaid. An extension of time for completion corresponding with the delay caused by any such suspension of the works as aforesaid shall be granted to the Implementation Agency, if request for same is made and that the suspension was not consequent to any default or failure on the part of the Implementation Agency. b. In case the suspension of works is not consequent to any default or failure on the part of the Implementation Agency and lasts for a period of more than 2 months, the SUCCESSFUL BIDDER shall have the option to request the STPI to terminate the Contract with mutual consent. c. In the event that the STPI suspends the progress of work for any reason not attributable to the SUCCESSFUL BIDDER for a period in excess of 30 days in aggregate, rendering the SUCCESSFUL BIDDER to extend his performance guarantee then STPI shall bear only the cost of extension of such bank guarantee for such extended period restricted to the normal bank rates as applicable in the international banking procedures subject to the SUCCESSFUL BIDDER producing the requisite evidence from the bank concerned. 10.29 Representations and warranties a. Representations and Warranties by the Successful bidder RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 39 of 74  It is a company duly organized and validly existing under the laws of India and has all requisite legal power and authority and corporate authorizations to execute the Agreement and carry out the terms, conditions and provisions hereof.  It has in full force and effect all requisite clearances, approvals and permits necessary to enter into the Agreement and perform its obligations hereof.  It will have the legally valid and enforceable title to all Equipment as may be necessary for proper functioning and it will be free from all encumbrances, liens, charges, any security interest and adverse claims of any description.  The Agreement and the transactions and obligations hereof do not contravene its constitutional documents or any law, regulation or government directive and will not contravene any provisions of, or constitute a default under, any other Agreement or instrument to which it is a party or by which it or its property may be bound or any of its obligations or undertakings by which it or any of its assets are bound or cause a limitation on its powers or cause it to exceed its authorized powers.  There is no pending or threatened actions, suits or proceedings affecting the Bidder or its affiliates or any of their respective assets before a court, governmental agency, commission or arbitrator or administrative tribunal which affects the Successful bidder’s ability to perform its obligations under the Agreement; and neither Bidder nor any of its affiliates have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution or otherwise).  The Bidder confirms that all representations and warranties of the Bidder set forth in the Agreement are true, complete and correct in all respects.  No information given by the Successful bidder in relation to the Agreement, project documents or any document comprising security contains any material mis-statement of fact or omits to state as fact which would be materially adverse to the enforcement of the rights and remedies of STPI or which would be necessary to make any statement, representation or warranty contained herein or therein true and correct. b. Representations and Warranties by STPI  It has full legal right, power and authority to execute the project and to enter into and perform its obligations under the Agreement and there are no proceedings pending. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 40 of 74  The Agreement has been duly authorized, executed and delivered by STPI and constitutes valid, legal and binding obligation of STPI  The execution and delivery of the Agreement with the Bidder does not violate any statutory judgment, order, decree, regulation, right, obligation or rule of any court, government authority or arbitrator of competent jurisdiction applicable in relation to STPI, its assets or its administration. 10.30 Approval / Clearances • Necessary approvals/ clearances from concerned authorities for creating the IT infrastructure shall be obtained by STPI. 10.31 Exit Management a. Upon completion of the contract period or upon termination of the agreement for any reasons, the Successful bidder shall comply with the following:  Notify to the STPI forthwith the particulars of all Project Assets.  Deliver forthwith actual or constructive possession of the Project free and clear of all Encumbrances and execute such deeds, writings and documents as may be required by the STPI for fully and effectively divesting the Successful bidder of all of the rights, title and interest of the Successful bidder in the Project and conveying the Project.  Comply with the Divestment Requirements set out except in case if Termination of this Agreement is due to STPI Event of Default, In case of Termination due to STPI Event of Default, the Successful bidder shall have implemented the maintenance schedule as well as any repairs pointed out by the Independent Consultant in its Operations & Maintenance Inspection Report prior to date of Termination Notice. In case of Termination due to Force Majeure Event, the Divestment Requirements shall be agreed between STPI and the Successful bidder.  Pay all transfer costs and stamp duty applicable on hand back of project assets except in case the Project is being transferred due to STPI of Default or expiry of contract period, where STPI shall be responsible for transfer costs and stamp duty, if any. For clarification of doubt, transfer costs in this Clause relate to taxes and duties applicable at transfer of Project, if any. b. Subject to clause 1 of exit management, upon completion of the contract period or upon termination of the agreement, the Successful bidder shall comply and conform to the following Divestment Requirements in respect of the Project: RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 41 of 74  All Project Assets including the hardware, software, documentation and any other infrastructure shall have been renewed and cured of all defects and deficiencies as necessary so that the Project is compliant with the Specifications and Standards set forth in the RFP, Agreement and any other amendments made during the contract period.  The Successful bidder delivers relevant records and reports pertaining to the Project and its design, engineering, operation, and maintenance including all operation and maintenance records and manuals pertaining thereto and complete as on the Divestment Date.  The Successful bidder executes such deeds of conveyance, documents and other writings as the STPI may reasonably require to convey, divest and assign all the rights, title and interest of the Successful bidder in the Project free from all Encumbrances absolutely and free of any charge or tax unto the STPI or its Nominee.  The Successful bidder complies with all other requirements as may be prescribed under Applicable Laws to complete the divestment and assignment of all the rights, title and interest of the Successful bidder in the Project free from all Encumbrances absolutely and free of any charge or tax to STPI or its nominee. c. Not earlier than 3 (three) months before the expiry of the contract Period but not later than 30 (thirty) days before such expiry, or in the event of earlier Termination of the contract, immediately upon but not later than 15 (fifteen) days from the date of issue of Termination Notice, the Independent Consultant as nominated by STPI shall verify, in the presence of a representative of the Successful bidder, compliance by the Successful bidder with the Divestment Requirements set forth in relation to the Project and, if required, cause appropriate tests to be carried out at the Successful bidder’s cost for determining the compliance therewith. If any shortcomings in the Divestment Requirements are found by either Party, it shall notify the other of the same and the Successful bidder shall rectify the same at its cost. d. Upon the Successful bidder conforming to all Divestment Requirements and handing over actual or constructive possession of the Project to STPI or a person nominated by STPI in this regard, STPI shall issue a certificate substantially, which will have the effect of constituting evidence of divestment of all rights, title and lien in the Project by the Successful bidder and their vesting in Project pursuant hereto. Issue of such certificate shall not be unreasonably withheld by State Government. The divestment of all rights, title and lien in the Project shall be deemed to be complete on the date when all the Divestment Requirements have RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 42 of 74 been fulfilled or the Certificate has been issued, whichever is earlier, it being expressly agreed that any defect or deficiency in any Divestment Requirement shall not in any manner be construed or interpreted as restricting the exercise of any rights by State Government or its nominee on or in respect of the Project on the footing as if all Divestment Requirements have been complied with by the Concessionaire. 10.32 Liquidated Damages Subject to clause for Force Majeure if the bidder fails to complete the Creation of IT infrastructure before the scheduled completion date or the extended date or if SUCCESSFUL BIDDER repudiates the Contract before completion of the Work, STPI at its discretion may without prejudice to any other right or remedy available to STPI the Contract recover a maximum of 20% (twenty percent) of the project cost from the Implementation Agency as Liquidated Damages (LD).This 20% (twenty percent) will be staggered over a period of 5 (five) weeks at the rate of 4% (four percent) per week. STPI may without prejudice to its right to affect recovery by any other method deduct the amount of liquidated damages from any money belonging to Successful bidder in its hands (which includes STPI’s right to claim such amount against Implementation Agency’s Bank Guarantee) or which may become due to the Implementation Agency. Any such recovery or liquidated damages shall not in any way relieve Successful bidder from any of its obligations to complete the Works or from any other obligations and liabilities under the Contract. 10.33 Penalty Commencement of activities for commissioning of IT infrastructure & its services and ongoing performance and service levels shall be as per timelines and parameters stipulated by STPI in this contract, failing which STPI may at its discretion impose penalties on the Successful bidder as defined in this RFP document. 10.34 Consequences of Termination a. In the event of termination of this contract due to any cause whatsoever except termination for STPI‘s convenience Successful bidder shall be blacklisted and the empanelment will stand cancelled effective from the date of termination of this contract. b. In the event of termination of this Contract due to any cause whatsoever, whether consequent to the stipulated Term of the Contract or otherwise] the STPI shall be entitled to impose any such obligations and conditions and issue any clarifications as may be necessary to ensure an efficient transition and effective business continuity of the project which Successful bidder shall be obliged to comply RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 43 of 74 with and take all available steps to minimize loss resulting from that termination/breach and further allow and provide all such assistance to STPI and/or the successor Implementation Agency/service provider, as may be required to takeover the obligations of the erstwhile SUCCESSFUL BIDDER in relation to the execution/continued execution of the scope of this Contract. c. Where the termination of the Contract is prior to its stipulated term on account of a Default on the part of Successful bidder or due to the fact that the survival of the SUCCESSFUL BIDDER as an independent corporate entity is threatened/has ceased or for any other reason whatsoever STPI through unilateral redetermination of the consideration payable to Successful bidder shall pay Successful bidder for that part of the Services which have been authorized by STPI and satisfactorily performed by Successful bidder up to the date of termination. Without prejudice any other rights STPI may retain such amounts from the payment due and payable by the STPI to Successful bidder as may be required to offset any losses caused to STPI as a result of any act/omissions of the Implementation Agency. In case of any loss or damage due to default on the part of Successful bidder in performing any of its obligations with regard to executing the scope of work under this Contract, Successful bidder shall compensate STPI for any such loss, damages or other costs incurred by STPI. Additionally the sub SUCCESSFUL BIDDER / other members of its team shall perform all its obligations and responsibilities under this Contract in an identical manner as were being performed before the collapse of Successful bidder as described above in order to execute an effective transition and to maintain business continuity. All third parties shall continue to perform all/any functions as stipulated by STPI and as may be proper and necessary to execute the scope of work under the Contract in terms of the Implementation Agency’s Bid, the Tender and this Contract. d. Nothing herein shall restrict the right of STPI to invoke the Bank Guarantee and other Guarantees furnished hereunder, enforce the Deed of Indemnity and pursue such other rights and/or remedies that may be available to STPI under law. e. The termination hereof shall not affect any accrued right or liability of either Party nor affect the operation of the provisions of this Contract that are expressly or by implication intended to come into or continue in force on or after such termination. 11 Formats for Responses to the Tender – Pre-Qualification Bid RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 44 of 74 The Bidders are required to submit a Technical and Commercial Bid in response to this tender. This section provides the outline, content and the formats that the Bidders are required to follow in the preparation of their Technical and Commercial Bids. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 45 of 74 11.1 Format 1 – Pre-Qualification Bid Letter To, Director Software Technology Parks of India, #76/77, 6th Floor, Cyber Park Electronics city Bangalore-560100 Sir/ Madam, Subject: Creation of IT infrastructure (e-mail, Web and DNS services) & to Provide AMC services. Reference: Tender No: Dated

We, the undersigned Bidders, having read and examined in detail all the Tender documents do hereby propose to provide the services as specified in the Tender document number Dated
along with the following: a. EARNEST MONEY DEPOSIT (EMD) We have enclosed an EMD in the form of a Demand Draft for the sum of Rs. 4,00, 000 (Rupees Four Lakhs only). This EMD is liable to be forfeited in accordance with the provisions of the General Conditions of the Contract mentioned in the RFP. Refer Annexure 1 of Section 13.3.1 b. PERFORMANCE BANK GUARANTEE BOND We hereby declare that in case the contract is awarded to us, we shall submit the PBG bond in the form prescribed in, Annexure 3 of Section 13.3 - Proforma and as per General Conditions of Contract. 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. We understand that our bid is binding on us and that you are not bound to accept a bid you receive. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 46 of 74 Thanking you, Yours faithfully, (Signature of the Bidder) Printed Name Designation Seal Date: Business Address: 11.2 Format 2 - General Information about the Bidder Details of the Prime Bidder (Company) 1. Name of the Bidder (Prime) 2. Address of the Bidder 3. Status of the Company (Public Ltd/ Pvt. Ltd) Date: 4. Details of Incorporation of the Company Ref. # Date: 5. Details of Commencement of Business Ref. # 6. Valid Sales tax registration no. 7. Valid Service tax registration no. 8. Permanent Account Number (PAN) 9. Name & Designation of the contact person to whom all references shall be made regarding this tender 10. Telephone No. (with STD Code) 11. E-Mail of the contact person: 12. Fax No. (with STD Code) RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 47 of 74 13. Website 14. Financial Details (as per audited Balance Sheets) (in Cr) 15. Year 2006-2007 2007-2008 2008-2009 16. Net Worth 17. Turn Over 18. PAT Format 3 – Pre-Qualification Criteria S. No Clause Documents Required 1. The bidder (prime) should be the company registered under the Companies Act, 1956 since last five years Certificate of incorporation and Self Certification of being in the Information Technology business for the last five years should be attached. 2. The bidder (prime) should be an established Information Technology company/ IT System Integrator and should have been in this business for a period exceeding five years as on 31.03.2009 Work Orders confirming year and Area of activity. Memorandum and Articles of Associations should be attached. 3. The bidder (prime) should have positive net worth and turnover of more than Rs. 10 crores for each of the last five Financial Years ending on 31.03.2009 Chartered Accountant certificate for Networth. Copy of the audited profit & loss account of the company showing turnover of the company for the last five years (upto 31- Mar-09). 4. The bidder (prime) should have commissioned and installed at least three “ in setting up of IT infrastructure” project during the last five years as on 31.03.09, with order value not less than 1 Crores a) Copy of work order / client certificates. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 48 of 74 S. No Clause Documents Required 7. b) The bidder (prime) must have on its roll at least 25 technically qualified professionals in the area of IT infrastructure ( e-mail, web, DNS) creation and maintenance services as on 31.03.2009 . c) Certificate from bidders HR Department for number of technically qualified professionals employed by the company. d) Client certificate on the IT infrastructure creation and maintenance 8. The bidder (prime) shall not be under a declaration of ineligibility for corrupt or fraudulent practices or blacklisted with any of the Government agencies. Declaration in this regard by the authorized signatory of the prime bidder should be attached. 9. The bidder (prime) should have an office in the Bengalore and Noida. Relevant Documents or Undertaking signed by the Authorized Signatory. 10. The bidder (prime) should submit valid letter from the OEMs confirming following: c. Authorization for bidder d. Undertake that the support including spares, patches for the Hardware & software shall be available for next 3 years Letter from OEM ( Separate OEM certificates need to be attached) 11. The bidder (prime) should have ISO 9001: 2000 Certificate. Valid ISO 9001:2000 certificate 13. The bidder (prime) should furnish DD / Bank Guarantee against Earnest Money for amount Rs. 4,00,000/- (Four Lakhs only) EMD Proof. EMD shall be strictly be enclosed in the Pre-Qualification Bid RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 49 of 74 11.4 Format 4 - Declaration Regarding Clean Track Record To, To, Director Software Technology Parks of India, #76/77, 6th Floor, Cyber Park Electronics city Bangalore-560100 Sir, I have carefully gone through the Terms & Conditions contained in the RFP Document [No._________________] regarding Creation of IT infrastructure ( e-mail, Web and DNS services) & to Provide AMC services. I hereby declare that my company has not been debarred/black listed by any Government / Semi Government organizations in India. I further certify that I am competent officer in my company to make this declaration. Yours faithfully, (Signature of the Bidder) Printed Name Designation Seal Date: Business Address: RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 50 of 74 11.5 Format 5 – Declaration of Acceptance of Terms and Conditions in RFP To, Director Software Technology Parks of India, #76/77, 6th Floor, Cyber Park Electronics city Bangalore-560100 Sir, I have carefully gone through the Terms & Conditions contained in the RFP document [No. …………………………………..] regarding appointment of an agency for Creation of IT infrastructure (e-mail, Web and DNS services) & to Provide AMC services. I declare that all the provisions of this RFP/Tender Document are acceptable to my company. I further certify that I am an authorized signatory of my company and am, therefore, competent to make this declaration. Yours faithfully, (Signature of the Bidder) Printed Name Designation Seal Date: Business Address: RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 51 of 74 12 Formats for Response to the Tender – Technical Bid 12.1 Format 1 – Technical Bid Letter To, Director Software Technology Parks of India, #76/77, 6th Floor, Cyber Park Electronics city Bangalore-560100 Sir/ Madam, Subject: Appointment of an agency for Creation of IT infrastructure ( e-mail, Web & DNS Services) and to provide AMC services. Reference: Tender No: Dated
We, the undersigned Bidders, having read and examined in detail all the Tender documents do hereby propose to provide the services as specified in the Tender document number Dated
along with the following: 1. EARNEST MONEY DEPOSIT (EMD) We have enclosed an EMD in the form of a Demand Draft for the sum of Rs. 4,00, 000/- (Rupees Four Lakhs only). This EMD is liable to be forfeited in accordance with the provisions of the General Conditions of the Contract. 2. DEVIATIONS We declare that all the services shall be performed strictly in accordance with the Tender documents except for the variations, assumptions and deviations, all of which have been detailed out exhaustively in the following statements, irrespective of whatever has been stated to the contrary anywhere else in our Tender: • Statement of Deviations from Tender Terms and Conditions RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 52 of 74 Further we agree that additional conditions or assumptions, if any, found in the Tender documents other than those stated in deviation schedule shall not be given effect to. 3. PERFORMANCE BANK GUARANTEE BOND We hereby declare that in case the contract is awarded to us, we shall submit the contract performance guarantee bond in the form prescribed in, Annexure 3 of Section 13.3 - Proforma and as per Section - General Conditions of Contract of this RFP. 4. BID VAILIDITY PERIOD We agree to abide by this bid for a period of 90 days after opening of technical bid or for any further period for which bid validity has been extended and it shall remain binding upon us and Bid may be accepted at any time before the expiration of that period. 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. We understand that our bid is binding on us and that you are not bound to accept a bid you receive. Thanking you, Yours faithfully, (Signature of the Bidder) Printed Name Designation Seal Date: Business Address: RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 53 of 74 12.2 Format 2 – Technical Solution 1. The Bidder is required to describe the proposed Technical Solution in this section. Following should be captured in the explanation: • Clear articulation and description of the design and technical solution and various components including make of equipment or sizing of infrastructure (including diagrams and calculations wherever applicable) • Extent of compliance to technical requirements specified in the scope of work • Technical Design and clear articulation of benefits to STPI of various components of the solution vis-à-vis other options available. 2. Bidder shall provide a detailed project plan with timelines, resource allocation, milestones etc. for creation of IT infrastructure ( e-mail, DNS and web Services). 12.3 Format 3 – Implementation Team Sl No Name of the Resources along with Designation e-mail ID Contact Nos 1 2 12.4 Format 4 – Project Experience S. No Item Details General Information 1. Customer Name/Government Department 2. Name of the Contact Person and Contact details for the Project Brief Description of scope of Project Size of the Project RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 54 of 74 3. Contract Value of the Project (in crore) 4. Capital Expenditure involved (by the govt./ client) 5. Total cost of the services provided (by the Bidder) Project Details 6. Name of the Project 7. Start Date / End Date 8. Current Status (work in progress, completed) 9. Contract Tenure 10. Type of Project 11. Solution architecture employed & core components 12. Scope of Service Delivery system Format 5 – Technical Bid Evaluation Criteria S. N Criteria Point System Vendor Response Maximum Points A. Organizational Strength 30 1. Number of IT infrastructure projects executed in the last 3 years, (Relevant to e-mail, DNS and Web) >=5 = 5 points ; >=3 & <5 = 4; >=2 & <3 =3; else 0 5 2. Technical resources availability ( having skill sets in Opensource and Freeware software installation & Configuration on >=25 = 5 points ; >=20 & <25 = 3; >=10 & <20 =2; 5 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 55 of 74 S. N Criteria Point System Vendor Response Maximum Points Unix OS) else 0 3. List of clients, who availed Hardware and Software AMC and System Integration Services ( To furnish client contact details) 5 or more clients = 5 4 clients = 4 ; 3 clients = 3 ; 2 clients =2 ; 1 client =1 ; else 0 5 ISO 9001:2000 Certificate for IT systems management/ Integration= 3 mark 4. Quality Certifications (Number of internationally accepted and renowned quality certifications with the lead organization) ISO 27001/ BS 7799 certificate = 2 mark 5 5. Turnover of the bidder from IT Infrastructure support and services >=Rs.10 crore = 10; >=Rs.7 & <10 crore= 5 >=Rs.5 & <7 crore =3; else 0 10 B. TECHNICAL SOLUTION OFFERED 70 1 Solution Description & Design 25 2 Helpdesk facilities during AMC period • For reporting the problem : 05 • Escalation : 05 10 3 Project Plan and Time Schedule Project Plan and Time Schedule meeting the requirements -15 points • Any significant 25 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 56 of 74 S. N Criteria Point System Vendor Response Maximum Points improvement in project plan (excluding the time saving) – 5 point • Any improvement / innovation / suggestion in the project plan leading to the significant time saving – 5 point 4 Proposed SLA management and complaint redressal mechanism • All the SLA parameters can be measured and how reports will be generated for measuring SLA parameters (Attach a sample report) - 5 point (maximum) else 0 • 10 Total Points 100 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 57 of 74 13.0 Format for Response to Tender – Commercial Bid 13.1 Format 1 – Commercial Bid Letter To, The Director, STPI Bangalore Sir/ Madam, Subject: Appointment of an agency for Creation of IT infrastructure ( e-mail, Web and DNS services )& to Provide AMC services. Reference: Tender No: Dated
We, the undersigned Bidder, having read and examined in detail all the Tender documents in respect of Appointment of an agency for creation of IT infrastructure do hereby propose to provide services as specified in the Tender documents number Dated
1. PRICE AND VALIDITY • All the prices mentioned in our Tender are in accordance with the terms as specified in the Tender documents. All the prices and other terms and conditions of this Tender are valid for a period of 90 calendar days from the date of opening of the Technical Bid. • We hereby confirm that our Tender prices include all taxes. However, all the taxes are quoted separately under relevant sections. • We have studied the clause relating to Indian Income Tax and hereby declare that if any income tax, surcharge on Income Tax, Professional and any other corporate Tax in altercated under the law, we shall pay the same. 2. UNIT RATES We have indicated in the relevant schedules enclosed the unit rates for the purpose of on account of payment as well as for price adjustment in case of any increase to / decrease from the scope of work under the contract. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 58 of 74 3. DEVIATIONS We declare that all the services shall be performed strictly in accordance with the Tender documents except for the variations and deviations, all of which have been detailed out exhaustively in the following statement, irrespective of whatever has been stated to the contrary any where else in our bid. Further we agree that additional conditions, if any, found in the Tender documents, other than those stated in deviation schedule, shall not be given effect to. 4. TENDER PRICING We further confirm that the prices stated in our bid are in accordance with your Instruction to Bidders included in Tender documents. 5. QUALIFYING DATA We confirm having submitted the information as required by you in your Instruction to Bidders. In case you require any other further information/documentary proof in this regard before evaluation of our Tender, we agree to furnish the same in time to your satisfaction. 6. BID PRICE We declare that our Bid Price is for the entire scope of the work as specified in the Schedule of Requirements and Tender documents. These prices are indicated in Format 2 (Section 13.2) of this Section attached with our Tender as part of the Tender. 7. PERFORMANCE BANK GUARANTEE BOND We hereby declare that in case the contract is awarded to us, we shall submit the PBG bond in the form prescribed in Annexure 3 of Section 13.3.3 - Proforma of Bank Guarantee towards PBG and as per General Conditions of Contract. We hereby declare that our Tender is made in good faith, without collusion or fraud and the information contained in the Tender is true and correct to the best of our knowledge and belief. RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 59 of 74 We understand that our Tender is binding on us and that you are not bound to accept a Tender you receive. We confirm that no Technical deviations are attached here with this commercial offer. Thanking you, Yours faithfully, (Signature of the Bidder) Printed Name Designation Seal Date: Business Address: RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 60 of 74 13.2 Format 2 – Breakdown of Cost Components 1. Bidder shall provide all prices as per the prescribed format. Bidder should not leave any field blank. In case the field is not applicable, Bidder must indicate “0” (Zero) in all such fields. 2. All the prices (even for taxes) are to be entered in Indian Rupees ONLY (% values are not allowed) both in words and figures. In case of any variation between prices quoted in figures and words, the lowest among these two will be considered for evaluation. 3. It is mandatory to provide breakup of all Taxes, Duties and Levies wherever applicable and/or payable. 4. STPI reserves the right to ask the Bidder to submit proof of payment against any of the taxes, duties, levies indicated. 5. STPI shall take into account all Taxes, Duties & Levies for the purpose of Evaluation. The Bidder needs to account for all Out of Pocket expenses due to Boarding, Travel, Lodging and other related items throughout the period of contract. 13.2.1 Supply and Installation Price Table Schedule-1 ( A) Break up of Supply and Installation Price : 1. RAM Upgradation S. No Description Memory Required after upgrade Q ty Unit Rate (INR) Total Amount (INR) (A) Tax (B) G. Total (INR) (A+B) 1 Sun Fire V20Z Server 4 GB 1 2 Sun Fire V20Z Server 4 GB 1 3 Sun Fire V20Z Server 4 GB 1 S. No Item Unit Cost Taxes Total Price 1 Supply and installation of RAM, SAN and Cluster Software Grand Total (A) in Figures Grand Total (A) in words RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 61 of 74 4 Sun Fire V20Z Server 4 GB 1 5 Sun Fire V240 Server 8 GB 1 6 Sun Fire V240 Server 8 GB 1 7 Sun Fire V240 Server 8 GB 1 8 Sun Fire V240 Server 8 GB 1 9 Sun Fire V240 Server 8 GB 1 10 Sun Fire V440 Server 16 GB 1 11 Sun Fire V440 Server 16 GB 1 12 Sun Fire V440 Server 16 GB 1 13 Sun Fire V440 Server 16 GB 1 Total RAM Upgradation Price in figures Rs Total RAM Upgradation Price in words Rs 2. Storage Solution ( SAN) –Quantity 01 3. Sun Solaris 10 Cluster Software –Quantity 06 S. No Item Unit Cost Taxes Total Price 1 Storage Solution ( SAN) Total Price in figures Rs Total Price in words Rs S. No Item Unit Cost Taxes Total Price 1 Sun Solaris 10 Cluster Software Total Price in figures Rs Total Price in words Rs RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 62 of 74 13.2.2 IT infrastructure Integration Charges Table– Schedule 2 (B) 13.2.3 AMC Price Table – Schedule 3 14.2.2.1 Total AMC Charges Per Annum ( in Figures) S. No Item Unit Cost Taxes Total Price 1 IT Infrastructure Integration Cost ( email, Web & DNS) Grand Total in figures (B) Grand Total in words (B) S. No Item Unit Price Tax Total Price 1 Total AMC Price for Three years Grand Total in figures (C) Rs Grand Total in words (C) Rs S. No 1st Year AMC (Total AMC Price/3) in Rs 2nd Year AMC (Total AMC Price/3) in Rs 3rd Year AMC (Total AMC Price/3) in Rs 1 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 63 of 74 13.2.4 Break up of AMC Price for Three Years Servers (A) S. No Description Qty Unit Rate (INR) Total Amount (INR) (A) Tax (B) G. Total (INR) (A+B) for 3 yrs 1. Sun Fire V20Z Server 1 2. Sun Fire V20Z Server 1 3. Sun Fire V20Z Server 1 4. Sun Fire V20Z Server 1 5. Sun Fire V240 Server 1 6. Sun Fire V240 Server 1 7. Sun Fire V240 Server 1 8. Sun Fire V240 Server 1 9. Sun Fire V240 Server 1 10. Sun Fire V440 Server 1 11. Sun Fire V440 Server 1 12. Sun Fire V440 Server 1 13. Sun Fire V440 1 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 64 of 74 Server 14 Sun Blade 150 Work Station 1 Total (AMC Price -Servers) in figures Rs Total (AMC Price -Servers) in words Rs Network Equipment (B) S. No Description Qty Unit Rate (INR) Total Amount (INR) (A) Tax (B) G. Total (INR) (A+B) for 3 yrs 1 Cisco Catalyst 3750 1 2 Cisco Catalyst 3750 1 3 Sun StoreEdge SAN 6100 4.2 TB Capacity 1 4 Sun L25 Tape Loader 1 5 Brocade SAN Switch 4100 1 6 Brocade SAN Switch 4100 1 7 Alteon Load Balancer 1 8 Alteon Load Balancer 1 9 Alteon Firewall Switch 1 10 Alteon Firewall Switch 1 RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 65 of 74 11 Nortel Firewall Appliance Bod 1 12 Nortel Firewall Appliance Bod 1 13 Alten Master View Plus KVM Switch 1 Total (AMC Price- Network & Firewall Equipment) in figures Rs Total (AMC Price- Network & Firewall Equipment) in words Rs Software ( C ) S. No Description Qty Unit Rate (INR) Total Amount (INR) (A) Tax (B) G. Total (INR) (A+B) for 3 yrs 1 Check Point 1 2 Viritas Netbackup 1 Total (AMC Price-Software) in figures Rs Total (AMC Price-Software) in words Rs This AMC cost shall be for the entire components / items / infrastructure under the RFP / Contract The specifications of the above Hardware and Software to be covered under AMC can be referred from Annexure “Bill of Materials” RFP for Creation of Centralized IT infrastructure ( e-mail, DNS and Web) Page 66 of 74 13.3 Annexure 13.3.1 Annexure 1 - Proforma of Bank Guarantee towards Bid Security ( EMD) BID BOND Reference No. __________________ Date _________________ Bank Guarantee No.___________________________________________________ To, XYZ Whereas ...................................... (here in after called "the Bidder") has submitted its bid dated ......(Date). for the execution of ........................ (here in after called "the Bid") KNOW ALL MEN by these presents that We ................... ........................ having our registered office at ........................ (hereinafter called the "Bank") are bound unto the Managing Director, STPI(hereinafter called "STPI") in the sum of ................ for which payment well and truly to be made to the said STPI itself, its successors and assignees by these presents. The conditions of these obligations are: 1. If the bidder withdraws its bid during the period of bid validity or 2. If the bidder, having been notified of the acceptance of its bid by STPI during the period of bid validity: 1. fails or refuses to execute the contract form if required; or 2. fails or refuses to furnish the performance security, in accordance with the bid requirement ; Page 67 of 74 We undertake to pay STPI up to the above amount upon receipt of its first written demand, without STPI having to substantiate its demand, provided that in its demand STPI will note that the amount claimed by it is due to it, owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force up to (Date) and any demand in respect thereof should reach the Bank not later than the above date. Date _______________________ Place ___________________ Signature __________________ Witness _________________ Printed Name ______________ (Bank’s common seal) 13.3.2 Annexure 2 - Instructions for Furnishing Bank Guarantee 1. The Bank Guarantee by Indian Bidders will be given on non-judicial stamp paper as per stamp duty applicable at the place from where the purchase CONTRACT has been placed. The non-judicial stamp paper should be in name of the issuing bank. 2. Foreign parties are requested to execute bank guarantee as par law in their country. 3. Foreign bidders will give guarantee either in the currency of the offer or US $ (US Dollar) i.e. Indian Rs/US $ have been mentioned only for illustration. Therefore, in case where bank guarantee is being given in currency other than ‘Rupees’ or U.S. $, indicate the relevant currency of the offer. 4. The expiry date as mentioned in clause 9 should be arrived at by adding 60 days to the CONTRACT completion date unless otherwise specified in the bidding documents. Page 68 of 74 5. The Bank Guarantee by Indian bidders will be given from Nationalized / Scheduled Banks only. The Foreign bidders will give Bank Guarantees from an Indian Bank situated in that country. Page 69 of 74 13.3.3 Annexure 3 - Performa of Bank Guarantee (PBG) towards Performance Security PERFORMANCE GUARANTEE Ref. No. ___________________________Bank Guarantee No ___________ Dated _______________________ To, STPI Dear Sir, 1. In consideration of STPI, having its office STPI, #76/77, 6th Floor, Cyber Park, Electronics City, Hosur Road, Bangalore (hereinafter referred to as `STPI', which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and assignees) after receipt of the LOI dated _______________ with M/s __________________________ having its registered/head office at ______________________(hereinafter referred to as the 'CONTRACTOR') which expression shall, unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assignees) and STPI having agreed that the CONTRACTOR shall furnish to STPI a performance guarantee for Indian Rupees/US$ .............. for the faithful performance of the entire CONTRACT. 2. We (name of the bank) ______________________________ registered under the laws of _______ having head/registered office at __________________________ (hereinafter referred to as "the Bank", which expression shall, unless repugnant to the context or meaning thereof, include all its successors, administrators, executors and permitted assignees) do hereby guarantee and undertake to pay immediately on first demand in writing any /all moneys to the extent of Indian Rs./US$ (in figures) __________ (Indian Rupees/US Dollars (in words)_____________________________) without any demur, reservation, contest or protest and/or without any reference to the CONTRACTOR. Any such demand made by STPI on the Bank by serving a written notice shall be conclusive and binding, without any proof, on the bank as regards the amount due and payable, notwithstanding any dispute(s) pending before any Court, Tribunal, Arbitrator or any other authority and/or any other matter or thing whatsoever, as liability under these Page 70 of 74 presents being absolute and unequivocal. We agree that the guarantee herein contained shall be irrevocable and shall continue to be enforceable until it is discharged by STPI in writing. This guarantee shall not be determined, discharged or affected by the liquidation, winding up, dissolution or insolvency of the CONTRACTOR and shall remain valid, binding and operative against the bank. 3. The Bank also agrees that STPI 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 CONTRACTOR and notwithstanding any security or other guarantee that STPI may have in relation to the CONTRACTOR’s liabilities. 4. The Bank further agrees that STPI shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said CONTRACT or to extend time of performance by the said CONTRACTOR(s) from time to time or to postpone for any time or from time to time exercise of any of the powers vested in STPI against the said CONTRACTOR(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said CONTRACTOR(s) or for any forbearance, act or omission on the part of STPI or any indulgence by STPI to the said CONTRACTOR(s) or any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 5. The Bank further agrees that the Guarantee herein contained shall remain in full force during the period that is taken for the performance of the CONTRACT and all dues of STPI under or by virtue of this CONTRACT have been fully paid and its claim satisfied or discharged or till STPI discharges this guarantee in writing, whichever is earlier. 6. This Guarantee shall not be discharged by any change in our constitution, in the constitution of STPI or that of the CONTRACTOR. 7. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the country of issue. 8. The Bank also agrees that this guarantee shall be governed and construed in accordance with Indian Laws and subject to the exclusive jurisdiction of Indian Courts of Bangalore . Page 71 of 74 9. Notwithstanding anything contained herein above, our liability under this Guarantee is limited to Indian Rs. /US$ (in figures) ______________ (Indian Rupees/US Dollars (in words) ____________________) and our guarantee shall remain in force until ______________________.(indicate the date of expiry of bank guarantee) Any claim under this Guarantee must be received by us before the expiry of this Bank Guarantee. If no such claim has been received by us by the said date, the rights of STPI under this Guarantee will cease. However, if such a claim has been received by us within the said date, all the rights of STPI under this Guarantee shall be valid and shall not cease until we have satisfied that claim. In witness whereof, the Bank through its authorized officer has set its hand and stamp on this........ day of ........20___ at ..................... WITNESS NO. 1 -------------------------- ------------------------- (Signature) (Signature) Full name and official Full name, designation and address (in legible letters) address (in legible letters) with Bank stamp Attorney as per power of Attorney No............. WITNESS NO. 2 Dated…………………. -------------------------- (Signature) Full name and official Address (in legible letters) Page 72 of 74 13.3.4 Annexure 4 – Definitions & Abbreviations In this document, the following terms shall have following respective meanings:  “Acceptance Test Document” means a mutually agreed document, which defines procedures for testing against the requirements laid down in the Agreement.  “Agreement" means the Agreement to be signed between the successful bidder and STPI including all attachments, appendices, all documents incorporated by reference thereto together with any subsequent modifications, the RFP, the bid offer, the acceptance and all related correspondences, clarifications, presentations.  “Authorized Representative” shall mean any person authorized by either of the parties.  ““Bidder” means any firm offering the solution(s), service(s) and/or materials required in the RFP. The word Bidder, when used in Post-Bid evaluation context, shall mean the Successful bidder/ Successful Bidder with whom STPI signs the agreement for rendering of services for “Creation of IT infrastructure for STPI and to provide AMC for the Hardware and Software”. The “Bidder” shall also mean the one who has signed the Tender Form.  “Contract” is used synonymously with Agreement.  “Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value or influence the action of an official in the process of Contract execution.  “Default Notice” shall mean the written notice of Default of the Agreement issued by one Party to the other in terms hereof.  “Final Acceptance Test (FAT)” means the acceptance testing of the IT infrastructure created for providing e-mail, DNS and Web Services in Main Site and DR location as mentioned in the RFP  “Fraudulent Practice” means misrepresentation of facts in order to influence a procurement process or the execution of a Contract and includes collusive practice among Bidders (prior to or after Bid submission) designed to establish Bid prices at artificial non-competitive levels and to deprive the STPI of the benefits of free and open competition.  “Good Industry Practice” shall mean the exercise of that degree of skill, diligence and prudence which would reasonably and ordinarily be expected from a skilled and experienced Bidder engaged in the same type of undertaking under the same or similar circumstances.  “GoI” shall stand for the Government of India. Page 73 of 74  “STPI” shall stand for Software Technology Parks of India.  “Implementation Period” shall mean the period from the date of signing of the Agreement and up to the issuance of Final Acceptance Certificate of “IT infrastructure for STPI”.  "Law" shall mean any Act, notification, bye law, rules and regulations, directive, ordinance, order or instruction having the force of law enacted or issued by the Central Government and/ or the Government of Karnataka or any other Government or regulatory authority or political subdivision of government agency.  “LOI” means issuing of Letter of Intent which shall constitute the intention of STPI to place the Purchase Order with the successful bidder.  “Successful bidder” means the vendor/ successful Bidder / Implementation Agency with whom STPI signs the agreement for rendering of services for “Creation of integration IT infrastructure for e-mail, DNS and web Services.  "Party" means STPI or Bidder, individually and “Parties” mean STPI and Bidder, collectively.  “Period of Agreement" means 3 years from the date of signing of agreement  “Request for Proposal (RFP)” means the detailed notification seeking a set of solution(s), services(s), materials and/or any combination of them.  “Requirements” shall mean and include schedules, details, description, statement of technical data, performance characteristics, standards (Indian as well as International) as applicable and specified in the RFP.  "Service" means provision of Contracted service viz., operation, maintenance and associated services for “Creation of IT infrastructure for STPI” as per this RFP.  “Site” shall mean the location(s) for which the Contract has been issued and where the service shall be provided as per agreement.  “Termination Notice” means the written notice of termination of the Agreement issued by one Party to the other in terms hereof.  “Vendor” shall mean the company awarded the project for implementation creation of integrated IT infrastructure for STPI.  “HA”- High Availability of services  “DR” – Disaster Recovery Centre, for business continuity  “AMC” – Annual Maintenance Contract, for delivery of the stated requirements  “ IT Infrastructure” – Includes e-mail, DNS and Web Services  “ SAN”- Storage Area Network Page 74 of 74  “ DNS” – Domain Name System  “ SLA” – Service Level Agreement of this contract.  “ PBG” – Performance Bank Guarantee  “ EMD” – Earnest Money Deposit  “OEM”- Original Equipment Manufacturer  “ Primary Site” – STPI Bangalore, where the IT infrastructure need to be created  “PAT” – Profit After Tax. Annexure " Supply & Install" 1. Storage Solution(SAN) for DR Centre ( Qty- 1 Number) Compliance S.N. Feature Specification Y/N 1 Rack Mount The Proposed SAN Array must be rack mounted. The Proposed SAN Array should be configured with Dual 2 Controller Controllers for redundancy and with no single point of Failure.. 3 Front End SAS/ FC/ iSCSI 4 Cache The Proposed SAN Array should be configured with at least 4GB or more cache across dual controllers. The same should be scalable in future to 16GB or more cache across controllers. Cache shall be battery backed up for minimum 48hrs. in case of power failure 5 Disk Support SAN Array should be able to support minimum of 150 disks. Usable space of 5 TB with 400GB TB capacity SAS HDDs after 6 Disk Space RAID 5. and should be scalable to 25TB. The Proposed SAN Array should support RAID Levels: 0, 1, 1/0, 3, 7 RAID 5 & 6 8 Hot Spare Hotspares to be configured per disk array. Provision for Redundancy of Disk Drives, Controllers, Fans & 9 Redundancy & Power Supplies & Sysytem design should be for 99.999% availability availability. The SAN Management software should be array based and provide 10 Management GUI / web based management with complete Reporting features Software like LUN Usage, Empty Space etc. for unlimited number of hosts. It should also support performance monitoring. 11 Virtual Provisioning The Storage array should be configured with - Storage based thin provisioning for the complete capacity of the box. The SAN Array should be supplied with Snapshot or Point-in-time 12 PIT / Snapshot / Copy functionality for snapshot and full copy of the production Clone Software LUN’s / volumes. Software to take at least 500 snapshots per volume. Writable snapshots. The SAN Array should support SAN array based data replication in 13 Disaster Recovery asynchronous mode. - Many to One array data replication software Support should be included for replicating at least 8 locations to a central location. Also should come with a Replication Scheduler 14 Warranty 3 Years for HW & SW 15 Host OS support Certified for Windows server 2003 Annexure " Supply and Install" 2. RAM Upgradation Required Description of the Serial Existing Memory after Sl. No. Equipment Number Item Code Qty Memory upgradation 1 Sun Fire V20Z Server XG054809560 A55-NGB 2-1-4 GRA5M 1 1 GB 4 GB 2 Sun Fire V20Z Server XG054695433 A55-NGB 2-1-4 GRA5M 1 1 GB 4 GB 3 Sun Fire V20Z Server XG055028807 A55-NGB 2-1-4 GRA5M 1 1 GB 4 GB 4 Sun Fire V20Z Server XG054809563 A55-NGB 1-1-1 GRA5M 1 1 GB 4 GB 5 Sun Fire V240 Server FN55210012 N32-XKB2C1204HB 1 2 GB 8 GB 6 Sun Fire V240 Server FN55170103 N32-XKB2C1204HB 1 2 GB 8 GB 7 Sun Fire V240 Server FN55210103 N32-XKB2C1204HB 1 2 GB 8 GB 8 Sun Fire V240 Server FN55210104 N32-XKB2C1204HB 1 2 GB 8 GB 9 Sun Fire V240 Server FN55210130 N32-XKB2C1204HB 1 2 GB 8 GB 10 Sun Fire V440 Server 0550BD0078 A42-XHB4C2-08HD 1 8 GB 16 GB 11 Sun Fire V440 Server 0552BD01C0 A42-XHB4C2-08HD 1 8 GB 16 GB 12 Sun Fire V440 Server 0552BD0129 A42-XHB4C2-08HD 1 8 GB 16 GB A42-XHB4C2-08HD 1 8 GB 16 GB 13 Sun Fire V440 Server 0552BD0152 Annexure " Supply and Install" 3. Sun Solaris 10 Cluster Software Sl No Description No of Licenses Price HA Version 3.2 or higher ( Solaris 1 6 10) with 3 years warranty & support Annexure - " SERVICE REQUIREMENTS" General - Compliance Sl. No Description of the Requirements Compliance (Yes/No) Comment 1 RBAC for all Servers & Networking Equipments for Operator, System Administrator & System Manager or Super Users 2 PoP-Before-SMTP for Roaming Users 3 Aliases restriction for outsiders on e-mail deliveries Solaris 10 for both Sparc & x86 Servers as OS plus 4 Hardening 5 Gateway Level Anti-Virus has to be implemented for both incoming & out-going e-mail 6 Centralized SysLOG for all the Servers and Networking Equipments access with suitable log retention policy Open Source & Freeware Application Software for DNS, Web 7 & E-mail Services including for Anti-Virus, Anti-Spam with content filtering, RBL database checks, SysLOG etc. 8 Password Policy Enforcement for e-mail users and suitable notification method 9 RPO (Recovery Point Objective) time to be specified 10 IPv6 Compatibility of Hardware & Software Support for SSL(TLS), DNSSEC, VPN, SSH, Telnet, FTP, 11 SMTP, HTTP, HTTPS, POP3, IMAP, SNMP, TFPT, LDAP, etc. Primary Site and DR Centre should run identical services with same OS & other Application Software. DC shall have HA for 12 all the services and at DR there is no HA and BCP shall be a manual switchover with service availability within 2 hours of total failure at DC. 13 Archiving of e-mail 14 Quota system for e-mail users 15 Chatting & Forum Page 1 of 6 DNS Server - Compliance Sl. No Description of the Requirements Compliance (Yes/No) Comment 1 Support for IPv6 (in Totality) 2 Hardened Operating System Solution must support reverse delegation on classless 3 subnets 4 Solution must support sub domain delegation Solution to have separate authoritative and caching 5 infrastructure Solution must support Caching query packet loss must 6 not exceed 1% Solution should support all DNS services & functions ( 7 Managing Zones, Sub Zones, Forwarding & Standard Solution to support SNMPV1/V2/V3 and RMON 8 standards 9 Solution should support MULTIVENDOR support Solution should support packet level Debugging 10 capability 11 Solution must be capable of generating reports for QPS Server must remain ON and available during 12 configuration changes including individual zone flushes. Vendor to ensure the upkeep of existing DNS system 13 and also incorporate necessary changes for new patches & upgrades. Vendor to re-install the complete system in the event of 14 system crash/failures Solution should have the capability to eliminate 15 unnecessary risk and filter out all but DNS traffic to dedicated name servers Security features like advanced algorithms to defend 16 against cache poisoning attacks Solution to comply for UDP SPR protocol UDP source 17 port randomization capable of operating across 2048 ports Solution should be capable of preventing Cache 18 Poisoning Solution should be capable of providing DNSSEC 19 support 20 Solution should provide TSIG support 21 Solution should support disable/enable zone transfer 22 Solution should support DDNS for secure connection 23 Solution should support Resolver & Forwarder Solution should be capable to restore the above in case 24 the need arises from the backup 25 Solution should support NTP The DNS services should be cluster-ready for high 26 availability and load balancing capabilities intended for vertical/horizontal scalability of the system Page 2 of 6 Web Server - Compliance Sl. No Description of the Requirements Compliance (Yes/No) Comment 1 Support for IPv 6 (in Totality) 2 Hardened Operating System 3 Should support IP based virtual hosting 4 Should support name based virtual hosting 5 Should support dynamic modules loading 6 Web services should be multithreaded The source code for all the solution components to be 7 used/integrated for the proposed deployment must be freely available under an open source license Automated backup and disaster recovery should be a 8 part of the solution set The web services should be cluster-ready for high 9 availability and load balancing capabilities intended for vertical/horizontal scalability of the system There maybe no restrictions on the number of users who 10 can access the web services (subject to physical hardware present) Must satisfy the software dependencies required to support and host database backed applications, 11 Language frameworks and CMS like Zope / Django / Turbogears / Joomla / Drupal / Mediawiki / Twiki / Moodle / Dokeos / SugarCRM FTP Services to be provided for uploading web pages. 12 This should be integrated with LDAP for authentication. Solution should support SSH for remote access for 13 managiblity or updates All logs should be exported to the centralised Syslog 14 server automatically Messaging Solution - Compliance Sl. No Description of the Requirements Compliance (Yes/No) Comment 1 Virus filtering for both incoming and outgoing mails 2 Anti-Spam with content filtering Administrator should be able to set quota limit for 3 individual users' mailboxes 4 Mailbox sharing and access control Ability to have public bulletin boards integrated with the 5 mail solution Spam mail to be delivered to separate mailbox/folder 6 based on the treshold level set User management of spam mails tag messages as 7 spam or non-spam 8 Messenger service (chat) to be integrated with mail Groupware features to be integrated including calendars, 9 address book etc. Web access to mail, calendar and other standard 10 features to be provided Users should be able to access the email service from 11 any client software that uses secure IMAP and/or secure POP protocols. There should also be a web interface to the email 12 system. The web interface should work equally well from all versions of Internet Explorer 6, 7, 8, Firefox 2 & 3 13 Personal and enterprise wide address books 14 Mail auto respond, auto forward and other rules Page 3 of 6 Sl. No Description of the Requirements Compliance (Yes/No) Comment 15 Log reports and statistics to be provided 16 Data backup solution to be provided 17 Disaster recovery for mail server 18 Long term Mail storage on SAN 19 Shared mail boxes for function wise. 20 User should authenticate to use email service. 21 Password Policy to be enforced PoP-Before-SMTP functionality to be incorporated for 22 roaming users Solution should support SSH for remote access for 23 managiblity or updates All logs should be exported to the centralised Syslog 24 server automatically Note: Successful bidder should configure or enable other standard features as required by STPI during implementation of the DNS,e-mail and Web Services Page 4 of 6 Annexure - Hardware AMC and Software AMC Annexure- Hardware AMC & Software AMC Servers / Workstation Sl No Description of the Eqpt Make Sl No Item Code Qty 1 Sun Fire V20Z Server Sun XG054809560 A55-NGB 2-1-4 GRA5M 1 2 Sun Fire V20Z Server Sun XG054695433 A55-NGB 2-1-4 GRA5M 1 3 Sun Fire V20Z Server Sun XG055028807 A55-NGB 2-1-4 GRA5M 1 4 Sun Fire V20Z Server Sun XG054809563 A55-NGB 1-1-1 GRA5M 1 5 Sun Fire V240 Server Sun FN55210012 N32-XKB2C1204HB 1 6 Sun Fire V240 Server Sun FN55170103 N32-XKB2C1204HB 1 7 Sun Fire V240 Server Sun FN55210103 N32-XKB2C1204HB 1 8 Sun Fire V240 Server Sun FN55210104 N32-XKB2C1204HB 1 9 Sun Fire V240 Server Sun FN55210130 N32-XKB2C1204HB 1 10 Sun Fire V440 Server Sun 0550BD0078 A42-XHB4C2-08HD 1 11 Sun Fire V440 Server Sun 0552BD01C0 A42-XHB4C2-08HD 1 12 Sun Fire V440 Server Sun 0552BD0129 A42-XHB4C2-08HD 1 13 Sun Fire V440 Server Sun 0552BD0152 A42-XHB4C2-08HD 1 14 Sun Blade 150 Work Station Sun FT55210096 1 Network Equipment Sl No Description of the Eqpt Make Sl No Item Code Qty 1 Catalyst 3750 Cisco CAT0803Z1L0 3750 G 1 2 Catalyst 3750 Cisco CAT0803Z1L6 3750 G 1 StorEdge SAN 6100 4.2 TB 3 Capacity Sun TACSM1R01A0-FC 1 4 L25 Tape Loder Sun SG-XLIBL25LLV-BASE 1 5 SAN Switch 4100 Brocade SG-XSWBR04100-16P N/A 1 6 SAN Switch 4100 Brocade SG-XSWBR04100-16P N/A 1 7 Load Balancer Alteon SSCPL202JX SCP060216 1 8 Load Balancer Alteon SSCPL202JQ SCP060216 1 9 Firewall Switch Alteon SSCPCA00R6 SCP060224 1 10 Firewall Switch Alteon SSCPCA00SK SCP060224 1 11 Firewall Appliance Box Nortel SNNGNQ0481 215308-B.07 1 12 Firewall Appliance Box Nortel SNNGNQ0564 215308-B.07 1 Aten Master 13 KVM Switch View Plus Z8580053LQR0174 ZL98202407.X 1 Page 5 of 6 Proprietary Software Sl No Description of the Eqpt Make Sl No Item Code Qty 1 Check Point 1 2 Veritas NetBackup 1 Note: The specification of the above Hardware/Software can be referred from Annexure " Bill of Materials" Page 6 of 6 Annexure - Bill of Material Servers and Workstation S.No Name of the Products Qty Specification 1 V20z Cache / Proxy server A55-NGB2-1-4GRA5M 1 SFV20z 2x252 4/73GB S10 K2.5 X9256A 1 73GB 10K U320 HD SFV20zV40z NORTH AMERICAN/ASIA PWR CRD X311L 2 KT X9267A 1 Slide rail kit SF V20zV40z SOLII-090-B999 1 S9 Workgroup Svr2, RTU x86 SOLZS-09HC9AYM 1 S9 9/04 CD ML Media Kit, SP Total for Cache server 2 V20z AV Mgmt Server A55-NWB1-1-1GRA5M 1 SFV20z 1x244 1/73/GB S10 K2.5 X9267A 1 Slide rail kit SF V20zV40z X311L 2 Power Cord X9256A 1 73GB 10K U320 HD SFV20zV40z X9295A 1 1GB 2x512MB 400MHz SFV20zV40z Total for V20z AV Mgmt Server 3 V240 Access Manager Server N32-XKB2B2204HB 1 SFV240,2x1.5GHz,2GB,2x73GB SG-XPCI2FC-QF2 1 PCI Dual FC 2Gb HBA w/SFS X7410A 1 X-Option DVD-ROM (Slimline) X3770A 1 Sun(tm) XVR-100 GraphicS NORTH AMERICAN/ASIA PWR CRD X311L 2 KT X7147A 1 17" Flat CRT Monitor X3531A 1 US/UNIVERSAL/CANADIAN SOLZ9-09HC9A7M 1 Solaris 9 9/04 DVD SP/x86 Total for Access Manager server 4.a V440 Cluster - Messaging / MailStore / IM server A42-XHB4C2-08HD 2 SF V440:4*1.593GHz,8GB,4*73GB SG-XPCI2FC-QF2 4 PCI Dual FC 2Gb HBA w/SFS X4444A 2 Sun Quad GigaSwift Ethernet X4422A 2 Sun Dual GigE + Dual SCSI X3837A 2 OPT 5M NULL ENET CABLE X1312A 1 TERMINAL CONCENTRATOR KIT X1311A 1 TC MOUNT BRACKET X3836A 5 5M SERIAL CABLE Page 1 of 7 NORTH AMERICAN/ASIA PWR CRD X311L 4 KT SOLZS-09HC9AYM 2 S9 9/04 CD ML Media Kit, SP b Cluster Monitoring Console WS SB150 A41UTA1-C1C-512MDL 1 650M/80/512/PGX64/DVD X7147A 1 17" Flat CRT Monitor NORTH AMERICAN/ASIA PWR CRD X311L 2 KT X3531A 1 US/UNIVERSAL/CANADIAN c Sun Cluster software CLAIS-XXT-9999 1 SunPlex ag licx HA Mess Queue CLUZS-313-99M9 1 Sun Cluster 3.1 9/04 Base CD CLA9S-313-99M9 1 Sun Cluster 3.1 Agents 9/04 CD CLSIS-LCO-G999 2 SunPlex svr lic x SF V480/V490 Total V440 Cluster - Messaging / MailStore / IM server 5 V20z Directory servers A55-NGB2-1-4GRA5M 2 SFV20z 2x252 4/73GB S10 K2.5 SG-XPCI2FC-QF2 2 PCI Dual FC 2Gb HBA w/SFS X9256A 2 73GB 10K U320 HD SFV20zV40z SOLII-090-B999 2 S9 Workgroup Svr2, RTU x86 NORTH AMERICAN/ASIA PWR CRD X311L 4 KT X9267A 2 Slide rail kit SF V20zV40z SOLZ9-09HC9A7M 2 Solaris 9 9/04 DVD SP/x86 Total for Directory servers 6 V240 MTA /MMP servers N32-XKB2B2204HB 3 SFV240,2x1.5GHz,2GB,2x73GB X7410A 3 X-Option DVD-ROM (Slimline) XRA-SC1CB-73G10K 6 OPT Int Disk 73GB 10K SCSI X7603A 6 1GB (2*512MB) Kit min OBP req NORTH AMERICAN/ASIA PWR CRD X311L 3 KT SOLZS-09HC9AYM 1 S9 9/04 CD ML Media Kit, SP Total for V240 MTA /MMP servers 7 V440 Web / Portal servers Page 2 of 7 A42-XHB4C2-08HD 2 SF V440:4*1.593GHz,8GB,4*73GB X7417A 2 SF V440: 2 Post Rackmount Kit X4111A 2 Sun Crypto Accelerator 4000 CP NORTH AMERICAN/ASIA PWR CRD X311L 4 KT SOLZS-09HC9AYM 2 S9 9/04 CD ML Media Kit, SP SG-XPCI2FC-QF2 2 PCI Dual FC 2Gb HBA w/SFS Total forV440 Web / Portal servers 8 SAN Storage with 4.2TB RAW capacity TACSM1R01A0-FC 1 SE CSM100-0x1-RR-FC-Diskless XTA6130R11A2X4200 1 SE6130-4200G-1x1x14x300GX-RR XTACSM1-RK-3RU-19U 2 Sun CSM100 - 3U Rack Kit, X NORTH AMERICAN/ASIA PWR CRD X311L 4 KT X9733A 4 5M LC to LC FC Optical Cable X9732A 4 2M LC to LC FC Optical Cable X9732A 4 2M LC to LC FC Optical Cable TOTAL FOR SAN 9 Brocade SAN Switches 4100 FC Switch with16 ports active. SG-XSWBRO4100-16P 2 Contains no cables or SFPs SG-XSWBRO3X50-RK 2 Brocade SW Rack Kit XSFP-SW-2GB-4PK 8 4pk-2Gb FC transcvr short wave X9734A 25 15M LC to LC FC Optical Cable TOTAL FOR BROCADE 10 Sun Java System Portal server & Other S/W PSED9-LCO-JA99 2 LCO,Portal Server, per CPU JVSZ9-00LC99MS 2 JAVA ENT SYS LATEST CD SOL WPS99-400C9999 1 Web Prxy Svr 4.0 Media LCO Sun ONE WEB SERVER WS62S-LCOC9929 8 SPARC WS699-610-99Y9 1 MEDIA-WEB SVR 6.1-ENG ONLY WPS2I-LCOC9929 2 Web Prx Srv Per CPU Sol x86 Total for Sun Java System (other softwares) 11 OPTION 1 min MSGD9-LCO-JA04 100K LCO SJS MESSG SVR SCI39-LCO-9929 min 5K LCO,SO Inst Msg Page 3 of 7 Annexure - Bill of Material Network and Security Products Sl.No. Name of the Products Qty Specification 13.a Firewall Appliance & Software 2 Nortel Switched Firweall 6616 Component, switched firewall accelerator 6600, switched firewall director 5016 b 1 Alteon application switch ASF 6000 accelerator x 8 c 2 Alteon Application switch 2424 - SSL 1U Rack Mountable, 24 Port, 10/100 BT - 4 Ports Gigabit Ethernet in SSP Socket, Standard Alteon OS Preloaded, SSL Accelerator d 8 Alteon Application Switch and ASF 6000 accelerator e 2 Global Server Load balancing License f 2 Intelligenet Traffic Management (ITM) License 15.a Symantec Products. 100000 Symantec Mail Security 8200 Series,(Mention Cost Per User License) Antispam + Antivirus 6.0 Subscription (Mention Cost Per User License) b 4 Symantec Mail Security 8260 IA Appliance c 2 Symantec Network Security 7160 Appliance d 2 Symantec Network Security 7160 , 250 Mbps base LIC + Gold Maintenance 1 year (Activation Pack) e 2 Symantec Network Security 7160 , 250 Mbps Gold Maintenance 2 year extension f 2 Symantec Network Security 7160 , 250 Mbps Gold Maintenance 3 year extension g 1 Symantec Network Security 7100 Series 4.0 Media Pack h 1 Symantec Antivirus Corporate Edition 10.0 Media Pack Page 4 of 7 i 1 Symantec Enterprise Security Architecture Foundation Pack 2.1 with SESA Data store (IBM DB2 for Windows) LIC Value j 1 Symantec Event Manager for AV 2.0 Media Pack Sl.No. Name of the Eqpt Qty Specification i 1 Checkpoint Enterprise j 3 Enterprise Based Subscription k 1 Additional VPN Pro Gateways l 3 Enterprise Based Subscription Sl.No. Name of the Eqpt Qty Specification 14 Catalyst Switch - 3750 G 2 Catalyst 3750 24 10/100/1000 T Enhance multilayer Image, Cisco Stackwise 50 CM Stacking Cable, Power Cord Europe Page 5 of 7 Annexure - Bill of Material Backup Products Sl No Backup Solution Phase 1 1 V240 Media Server (Backup) N32-XKB2B2204HB 1 SFV240,2x1.5GHz,2GB,2x73GB SG-XPCI2FC-QF2 1 PCI Dual FC 2Gb HBA w/SFS X7410A 1 X-Option DVD-ROM (Slimline) SOLZ9-09HC9A7M 2 Solaris 9 9/04 DVD SP/x86 X3770A 1 Sun(tm) XVR-100 GraphicS X311L 2 NORTH AMERICAN/ASIA PWR CRD KT X7147A 1 17" Flat CRT Monitor X3531A 1 US/UNIVERSAL/CANADIAN 2 L25 Tape Lib SG-XLIBL25LLV-BASE 1 L25 LTO LVD Base LTO Gen 2 LVD SCSI drive for Sun SG-XTAPLTO2LVD-MOD 1 StorEdge(TM) L25/L100 Tape Libraries SG-XPCI2SCSI-LM320 1 PCI Dual Ultra320 SCSI HBA X3830A 1 4M CABLE, SCSI 68 TO VHDCI68 SG-XMEDLTO200GB-10 1 LTO Gen 2 Media, 200GB, 10pack SG-XMEDLTOUNVCL-10 1 LTO Univ. Cleaning Cart. 10 PK SG-XRACKIT-MOD 1 L25/L100 Universal Rack Kit 3 Backup software NetBackup,Cross 1 Platform,v5.0,English,Media Kit 1 NetBackup Server,Solaris,Server, NetBackup Server,Solaris,Server,Basic 3 Support, 1 Yr Regional Business Hours 10 NetBackup Client,Unix,Protect Server NetBackup Client,Unix,Linux, Protect Server 30 Basic Support, 1 Yr Regional Business Hours NetBackup Client,Windows,Protect 2 ServerLicense NetBackup Client,Windows,Protect Server 6 Basic Support, 1 Yr Regional Business Hours NetBackup Option,Cross Platform,Library 1 Based Tape Drive Support,License NetBackup Option,Cross Platform,Library Based Tape Drive Support,Basic Support, 1 3 Yr Regional Business Hours Page 6 of 7 Annexure - Bill of Material x86 Servers and OS Sl.No. Name of the Qty Specification Product 18.a Intel Server 2 Wipro NetPower/ Intel E 7520 Chipset/Single intel Xeon DP 2.8 Ghz / 800 Mhz FSB / 1 MB L2 Cache /2 x 512 MB DDR /2 x 73 GB SCSI HDD 10 K RPM/ Dual Gigabit Ethernet/Dual RPS/CD/FDD , Keyboard and Mouse , standard warranty b 2 Rack with 8 port KVM Switch: 1 CRT Monitor, Keyboard & Mouse per rack c 2 Additional price for 24 x 7 Warranty Uplift d Windows 2003 1 Enterprise Edition - CD Media with relevant Server Documentation Linux Operating System Sl.No. Name of the Qty Specification Products 17.a Integration Services 2 Redhat Enterprise Linux with support (AMD and S/w 64/EM 64 T) b 2 Redhat Enterprise Linux with support (AMD 64/EM 64 T) - c 2 Solution Installtion,Operation Maintenance and Training d 2 MultiLingual Connect Server and support Annexure “ SLA” Service Level Agreement for providing Annual Maintenance Services for STPI.in Project This SERVICE LEVEL AGREEMENT is made on this the _________ between Director, STPI Bangalore, Bangalore 560 100 (hereinafter called “STPI-B”) hereinafter called “First Party”; AND Successful bidder ( Second Party) WITNESSTH NOW THEREFORE THE PARTIES HERETO HEREBY AGREE AND THIS AGREEMENT WITNESSETH AS FOLLOWS: NOW IT IS HEREBY AGREED as follows 1 Definitions First Party: Director STPI, Electronics City, Hosur Road, Bangalore 560 100 . Second Party: Successful Bidder. IT Services: These services include availability of e-mail, web and DNS services to the users. Primary Site: STPI Electronics City,Bangalore, where the services ( e-mail, DNS and web) are hosted. DR Centre: STPI Noida, where the services ( e-mail, DNS & web) are hosted for business continuity. Hardware AMC: Supplier has to provide comprehensive AMC for Servers & Network equipment as per the Annexure “ AMC Hardware” Software AMC: Supplier has to provide comprehensive AMC for proprietary software (1) Checkpoint and (2) Symantec Net backup Help desk: Help Desk is the facility of the successful bidder, who has to provide Docket No/Trouble Ticket to STPI, upon reporting the problem pertaining to the Hardware & Software, as per the contract and also to track until the resolution of the problem. STPI Page 1 of 10 Supplier: Successful Bidder Service: The ‘Comprehensive Maintenance service’ as described at section 4 of this document. MTTR: Mean Time to Repair. It is the minimum time to restore services, in hrs. The MTTR for all the hardware (Server & network equipment) and software is as per the Annexure “AMC”. The MTTR shall not exceed beyond its stated hrs as mentioned in the MTTR table below, from the time the complaint is logged at Second Party’s help desk. MTTR would be calculated as per the logs maintained in the tools of Help Desk of the successful bidder. MTTR is applicable as per the STPI working hours ( 8:15 AM to 4:45 PM) Response Centers: This means the support location in Bangalore from where the Second Party shall carry out the Maintenance of the hardware and software. Comprehensive Maintenance: Includes maintenance of AMC Hardware and software. Comprehensive maintenance including replacing the faulty hardware. 2 Agreement Period The term of this agreement shall be for a period starting from ________ up to ____________ 3 Comprehensive Maintenance Service Charges: The Comprehensive Maintenance service charges payable by the First Party to the Second Party is Rs.__________ (__________ only), which is exclusive of all applicable taxes. However, in case of non conformity to the Service Levels as per Section 5 and 6, deducts as per Section 7 shall be deductible by the first party from the mentioned amount of Rs ___________ The service charges will be paid half yearly in advance, against submission of invoices. 4 Maintenance Services: Scope of Works – The Second Party shall provide Maintenance Services as described below: 22 Maintenance of hardware & Software as per Annexure “ Hardware AMC” and Software AMC, in the working condition. 23 Support for any calls reported as problem with Helpdesk, and fix the issues/problems within defined MTTR. 24 Replacement of any faulty hardware at Primary site and DR Centre as per MTTR. 25 During the comprehensive maintenance period the Second Party shall provide software updates, patches/ fixes, version upgrades and should carry out the installation and operationalization of the same at no additional cost to GoK. STPI Page 2 of 10 5. Mean time to repair (MTTR) for Hardware and Software. Any server component failure reported to Help Desk engineer of successful bidder, shall be diagnosed immediately within 4 hours from the time of reporting and shall replace the faulty hardware within 8 hours including diagnosis time 4 hours. Any delay shall be considered for penalty as per 11.1.4 6 SLA Monitoring In order to ensure the compliance with SLA, SLA review will be done by the Director STPI or its representative. It is the responsibility of the Second Party to submit the reports to STPI, end of every quarter. 7 Monthly Deducts for Non Performance: The First Party shall deduct penalties in the event of not meeting the service levels defined at section 5 and 6, as per the details in the table below: Calculation of Penalty for breach of MTTR: Penalty = No of calls not Meeting MTTR *Fixed Penalty of the respective category + No of calls not Meeting MTTR *Additional Penalty of the respective category. 7.1 Penalty for breach of MTTR for Hardware and Software: Hardware failure at STPI, covered under comprehensive MAINTENANCE shall attract the penalty based on severity as below. Severity High: Hardware/Software failure (Both main chain and redundant chain) at Primary site STPI-Bangalore, causes non availability of services. Severity Low: Hardware failure causes only a segment of the service gets affected e.g failure of hardware/software on single chain of equipment. MTTR Penalty for Breach –Severity High Penalty for Breach – Severity Low < 8 hours No Penalty No Penalty > 8 hrs & 12 hrs & 16 hrs & 20 hrs & 24 hrs & 30 hrs Forfeit PBG & terminate contract. 5% of the yearly AMC Cost STPI Page 3 of 10 Note: The number of hours will be accounted for only during 8:15 AM to 4:45 PM ( Monday to Friday). 8 Report Submission: The Second party shall ensure to submit the following previous month reports within 4 th week of every quarter to STPI. • SLA report as per MTTR • Preventive Maintenance Reports • Breakdown call Report • Summary of the hardware failure Report 9 Escalation Contact Any breach in meeting MTTR, will be escalated to the support level indicated by successful bidder. The support level shall be available on 24/7 basis. support level Escalation Person in Location Phone E-Mail Time for charge /Mobil unresolved e support incidence level 0 –level 1 2 hours level 1- level 2 4 hours level 2-level 3 8 hours STPI Page 4 of 10 Force Majeure The Second Party shall not be deemed to be in default if the performance of its obligations hereunder is delayed or prevented by conditions constituting force majeure which shall include but not be limited to earthquakes, floods, war, hostilities, riot and disorders, nation wide, state wide or city wide strikes, Satellite fault or failure, lightening, withdrawal of permissions, fire, or any act of God or any other reason or cause whatsoever beyond the reasonable control of the Second Party. All periods, hereunder fixed shall be deemed to have been extended by the periods equal to the periods of delay on account of the conditions constituting force majeure. Jurisdiction This agreement shall be subject to the jurisdiction of Courts at Bangalore. Dispute Resolution All disputes/differences arising out of or in connection with this Agreement or the Project shall be first amicably resolved by mutual discussions between the authorized representatives of the parties, failing which such disputes/differences shall be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and/or any statutory modifications thereof. The Arbitral Tribunal shall consist of four arbitrators, one to be appointed by each Party. The three nominated arbitrators shall be obligated to appoint and nominate the fourth Arbitrator who shall act as the presiding Arbitrator. The award rendered by the Arbitral Tribunal shall be final and binding upon the parties and the venue of such Arbitration proceeding shall be Bangalore. Independent Status. Second Party acknowledges and agrees that it is an independent Second Party and its personnel are not First Party or Service provider’s agents or employees whatsoever and are not entitled to any First Party or Service provider’s employee benefits. Second Party assumes sole and full responsibility for the acts of its personnel and Second Party and its personnel have no authority to make commitments or enter into contracts on behalf of First Party or Service provider, bind or otherwise obligate First Party or Service provider in any manner whatsoever. Second Party , and not First Party & Service provider, is solely responsible for the compensation of its personnel assigned to perform services hereunder, and payment of worker's compensation, disability and other similar benefits, unemployment and other similar insurance and for withholding income and other taxes and social security. Second Party shall perform the services hereunder independently. Second Party shall hold themselves fully responsible for any claims have or make for damages or compensation for anything done or omitted to be done in the STPI Page 5 of 10 course of carrying out the work covered under this agreement whether arising in First Party or Service provider’s premises or elsewhere and shall agree to indemnify and keep indemnified First Party and Service provider against all and such claims, if made against the First Party or Service provider and all costs of proceedings, suits or action (as between attorney and client) which the First Party or Service provider may incur or sustain in respect of the same. Terms of Termination Not withstanding any thing else contained herein, this Service Level Agreement can be terminated: a) By the Second Party in giving 60 days notice in writing to the First Party if the First Party will fail to pay any sum due under the terms of this contract within 30 working days of receipt of Invoice (otherwise than as consequence of any default on the part of the Second Party) and such sum remain unpaid for more than 30 working days after the date of issue of notice by Second Party. b) By the First Party on giving 60 days notice, in writing to the Second Party if the performance of the Second Party is not satisfactory, provided the Second Party has failed to take the remedial steps within 30 days of the receipt of such notice. c) By either party forthwith on giving notice to the other in writing if the other commits a serious breach of any term of this agreement (other than any failure by the First Party in making payment) and in the case of breach not remedied within 30 days of such notice. d) On the termination of this Contract for the sole fault or failure of the Second Party under (b) and/or (c) above the First Party shall be entitled to the reimbursement of pro-rata part, calculated on a time basis, of the maintenance charges paid in advance. Mode of Payment The charges for Hardware & Software AMC, during the Agreement period, as indicated under Applicability Clause will be paid to the Second Party by the First Party half yearly in advance of the respective year AMC Charges, to which the advance payment relates. The performance obligations of Second Party under this contract shall cease automatically upon expiry in case the payment is not received by Second Party before the expiry of the period of 30 working days. Performance Bank Guarantee ( PBG) The Second Party shall submit a PBG to First Party before the beginning of the first month of the respective year, which will be valid for one year for the amount equal to 10% of the amount payable towards AMC Charges, of the IT infrastructure ( e-mail, DNS and Web) for that year. The Second Party shall on its own, extend validity period of PBG for similar terms at least one month prior to the date of expiry of the PBG without any demand or notice from First Party on a year to year basis, throughout the contract period. STPI Page 6 of 10 Payment will be made only after the receipt of the PBG. Confidentiality The Second Party agrees to keep confidential all the terms of this agreement and shall not divulge any such information/document to any other persons unless the same are of public domain. Representations and Warranties Second Party represents and warrants that: (i) it has the authority and the right to enter into this Agreement and, to perform services and provide materials, information and deliverables hereunder, and that its obligations hereunder are not in conflict with any other Second Party obligations; (ii) there are no actions, suits or proceedings, pending or threatened, which will have a material adverse effect on Second Party’s ability to fulfill its obligations under this Agreement. Second Party promises to keep First Party and Service provider informed of any developments in this regard. (iii) it will perform its obligations in a manner that complies with applicable laws, regulations, ordinances and codes, including identifying and procuring required permits, certificates, approvals and inspections; (iv) each of its personnel has the proper skill, training and background necessary to accomplish their assigned tasks; (v) it will keep all the documents related to service & hardware uptime regularly and shall provide the same for First Party and Service provider reference immediately on request. (vi) all Services shall be performed in a competent and professional manner, in accordance with the Services Levels, applicable specifications and documentation as set forth herein and also from time to time, by qualified personnel under the direction and control of Second Party and shall conform to First Party and Service provider requirements hereunder; in accordance with the terms of this agreement. (vii) First Party and Service provider shall have the right to use for its own purposes, any ideas, methods, techniques, materials and information provided to or otherwise obtained by First Party and Service provider as a STPI Page 7 of 10 result of this Agreement, without restriction, liability or obligation, except as may be specified herein; (viii) a proper and comprehensive background check has been done on each of its employees deployed at the project sites and at First Party and Service provider and that none of them have any criminal antecedents. (ix) it undertakes to cover all its employees deputed to the project under this agreement and at First Party and Service provider under all applicable provisions of statutes, including but not limited to, the EPF Act 1952, ESI Act 1948, Minimum Wages Act 1948, Maternity Benefits Act 1961. AMENDMENT Any amendment, waiver or variation of this agreement will not be binding on the parties unless set out in writing, expressed to amend this agreement and signed by or on behalf of each of the parties by their duly authorized representatives. SEVERABILITY The illegality or unenforceability of any of the provisions herein shall not affect the validity, legality and enforceability of the remaining provisions. SURVIVAL Following the determination or termination of this Agreement, the Parties shall remain obligated under all provisions of this Agreement which by their terms continue or are incidental to the performance of the obligations under such provisions NOTICE Any notice or any other document to be served under this agreement may be delivered by registered post acknowledgement due or sent by facsimile process or in person to the party to be served at the address of that party identified at the first page of this agreement and marked for the attention of the signatory to this STPI Page 8 of 10 agreement or at any other address or fax number as may have been notified to the o ther party in accordance with this clause. LEGAL FEES. Any dispute arising between the parties with respect to the matters covered by this Agreement leads to a proceeding to resolve such dispute, the prevailing party in such proceeding shall be entitled to receive its attorney's fees, expert witness fees and out-of-pocket costs incurred in connection with such proceedings, in addition t o any other relief that may be occasioned. E NTIRETY. This Agreement, together with the Exhibits, Annexure and attachments hereto, contains the entire agreement between the Parties and supersedes any prior inconsistent agreements, negotiations, representations and promises, written or oral between the Parties respecting the subject matter hereof. MARGINAL HEADINGS The marginal headings or notes herein shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof or of the contract. COUNTERPARTS This Agreement executed in three counterparts, each of which shall be deemed as effective as the original Agreement for all intents and purposes and all of which shall constitute a single Agreement and Service Provider shall have the custody of this original Agreement and the First Party & the Second Party shall have the counterpart and the stamp duty on the counterpart is paid in accordance with A rticle 22(b) of The Karnataka Stamp Act. Limitation of Liability Under no circumstances shall either party be liable to the other for any special indirect or consequential damages, including, but not limited to, loss of profit, loss of use, loss of STPI or damages to business or reputation arising from the performance or non-performance of any aspect of this agreement even if the party has been advised of the possibility of such damages. Second Party total cumulative liability arising from or relating to this agreement, whether in contract, in tort, under a theory of strict liability or otherwise, will be limited to the aggregate amount paid to Second Party under this agreement during the preceding six (6) months. STPI Page 9 of 10 The rights and remedies provided herein are in addition to those available at law or in equity. Transfer The “Second Party” shall not have the right to assign or transfer the benefit or obligation of this agreement or any part thereof. WAIVERS A waiver whether express or implied by one of the parties of any of the provisions of this agreement or of any breach of or default by the other party in performing any of those provisions will not constitute a continuing waiver and any such waiver shall not prevent the waiving party from subsequently enforcing any of the provisions of this agreement not waived or from acting on any subsequent breach of or default by the other party under any provisions of this agreement. EXECUTED under hand in three originals the day and year first before written SIGNED for and on behalf of THE SECOND PARTY BY ________________________________ Signature ________________________________ Title ________________________________ Witness ________________________________ SIGNED for and on behalf of THE First Party BY ________________________________ Signature ________________________________ Title ________________________________ Witness ________________________________ Annexure “Hardware AMC & Software AMC” List of Servers , Network Equipment & Software STPI Page 10 of 10 PreBid Meet Date : 9-June-2010 Tender Document : View Document * Bid Document : Document Not available Tech. Document : View Document * Sector : Information Technology & Communication State : Karnataka For further Information Contact: Name : V Sridhar E-Mail : v.sridhar@blr.stpi.in Phone Office : 080-66186299

 

 

 
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