Pre-Bid Clarifications

Transcription

1 Pre-Bid Clarifications Request for Proposals (RFP) for Customization, Integration, Data Migration, Implementation & Maintenance of e-procurement Solution for Government of Madhya Pradesh Sr. Description No. 1 The MoU /Agreement shall clearly specify the prime bidder, stake of each member and outline the roles and responsibilities of each member. Query: The commercial arrangement between the members, being private arrangement may not be required to be disclosed. 2 The Bidder individually or in consortium should have a minimum of 5 years experience in the field of e-procurement domain Query1: Does the word domain mean implementation including etendering? and shall provide references of successfully completed/ running e-procurement projects of Govt. Depts. /PSUs along with supporting testimonials from them. RFP Ref Page No /Clause No. 14 Clause 2 (b) OK Response 14 Clause 3 Query 1: Yes Query 2: Query 3 : Yes ( corrigendum for details) Query2: What is the minimum validity period of contract i.e. acceptable to meet the requirement Any company having experience of running even a single state wide/ nationwide (India or International) e-procurement application since last 5 years would be considered equivalent to aforesaid criteria. The bidder should provide work orders and experience certificate and relevant documents in this regard. Query 3: Is the word running used to mean continuous operation for 5 years of etendering module? 3 The e-procurement Application should undergo STQC certification. Certification should be initiated within three months from the Go-live / Final UAT signoff. Query: Who arranges and bears the cost for undergoing STQC certification? Service provider or MPSEDC? Page 1 of clause 7 Service Provider

2 4 The bidder (Prime) should be a profit making company having earned profits, for last 3 years, with a minimum turnover of Rs. 50 Crore in all of the last 3 years (09-10, 10-11, 11-12). As documentary proof, Balance Sheet & Profit & Loss A/c is to be submitted. Query: Since this clause of profitability is to ascertain the financial stability of the company, you may also alternatively accept the same through appropriate positive net worth of say Rs. 50 crores for the last 3 years 5 The e-procurement application shall be a n-tiered (3 or more) architecture with Web, Application and Database Server & offers a superior level of security with Secure Socket Layer (SSL) encryption, strong authentication with digital certificates and speed to conduct real time bidding over the Internet. Query: Please confirm who will bear the cost of SSL certificate for server? 6 Query: Marks for technical parameter in Sr. No. 1, 2 & 4 are given for the parameters which are equivalent or even less than the requirement stated in pre-qualification. The marking parameters need to be above the pre-qualification criteria. Experience in setting up and maintaining data center may be considered for marking 7 Provision of sending automated /sms to tenderers. Vendor shall provide SMS gateways and SMTP details to send the SMS or Mail. Query: Requirement is for automated or SMS please confirm, cost being the consideration. 8 GoMP shall provide the Data centre facility to host the e-procurement Solution. Query: Will GoMP bear the cost of entire Data centre infrastructure and service provider has to bear the cost of Server Hardware and operating software? 15 clause 9 corrigendum. 17 clause 7 Service Provider 90,Parameters for technical evaluation Sr. No.1, Sr. No. 2 and Sr. No. 4 corrigendum 38 Application should have provision for SMS & 17 The SP has to bear the cost of Server Hardware and Operating software however MPSEDC will charge additionally Page 2 of 26

3 9 The Bidder shall assess and make his own arrangements for infrastructure which includes necessary hardware, system software and transportation of personnel deployed by him, security at the site in addition to the men, machine and material. The servers and other hardware have to be physically located and operated from State Data Centre of GoMP. The bidder should assess the capacity planning and assessment for the solution taking into account a period of 5 years including hardware specifications & configurations. Query: You are requested to give minimum acceptable requirement of Server Hardware and related software to be supplied by service provider by way of Bill of Material. 10 Query: You have taken no of tenders of and assumed no of bids per tender to be 5. As per the details given by you the momentum in the initial years is slow. Average no of bids are less than 4. The post tendering modules as per your estimate also will take its own time. In view of the above, unless some correction factor is applied the commercial worked out will be inflated. 11 Query: Please confirm if the e-procurement solution will be hosted out of the MP SDC? 12 Query: Request you to please confirm that the e-proc Service provider will provide only the Servers and associated system software for hosting the e-proc solution on these Servers. if yes, then since these Servers will be hosted out of the SDC, its administration and monitoring will be part of the SDC Operator. Please confirm. 13 Query: If the e-procurement solution is hosted at the SDC them the other support infrastructure which is part of the SDC including NIPS, Firewall, Load Balancers, Antivirus, Security, backup software, will be provided for at the SDC Operator. Please confirm 1.5% p.a. of value of Hardware hosted in SDC towards O&M (Please refer corrigendum) 118 The SP has to assess the hardware required and should adhere to the SLAs. 156, 157, 158 & 159 As Per RFP General Yes, please refer corrigendum 4.11 Yes, please refer corrigendum 4.11 Yes, please refer corrigendum Page 3 of 26

4 14 Query: The support, monitoring and management of infrastructure provided as part of the MP SDC will be done by the SDC Operator Yes, please refer corrigendum 15 Query: Please confirm that the help desk run by the e-procurement Service Provider 4.11 Yes, the helpdesk will will only take calls pertaining to the e-procurement solution. The first point of only take calls contact helpdesk would be manned by SDC Operator pertaining to the e- Procurement solution. The first point of contact for all e-procurement related queries will be the helpdesk provided by the SP. 16 Query: Please provide details on Training in terms of no. users to be trained, Training locations, Training batch size, Online/Offline training details etc Training is considered as a critical success factor for this project. The bidders are expected to present a comprehensive training strategy. (pls refer corrigendum) 17 Query: What is the customer expected timeline for phase-2 of implementation & 5.13 As Per RFP 18 Query: Please provide details of Legacy Data which needs to be migrated in terms of Volume and technology platform of Legacy application 4.4 As Per RFP 19 Query: Please Provide details of existing tools at SDC used to monitor the 4.11 application, server and network which would be used to measure the SLAs corrigendum. 20 Query: Bidder submits that there has been a typo in this clause which should be corrected to bring it in line with Cl. 3.1.(6) and 7.3. Therefore, clause should read, 3.1(15) As Per RFP clause 3.1(6) "...exclusively for MSEDC and based on information or data owned by Gomp..." 21 Query: Bidder submits that there has been a typo in this clause which should be corrected. This clause read as, ".and nothing in this Agreement shall be construed to..." 7.3 As Per RFP Page 4 of 26

5 22 Query: Bidder submits that MPSEDC should only be entitled to forfeit Security Deposit in case of breach of this provision. 23 Query: We requests inclusion of the following language: " Where the Bidder fails to meet the SLA, MPSEDC shall impose a penalty in accordance with the tables below. However, where the Bidder performs at a level higher than the SLR, Bidder shall be entitled to Service Credit at a mutually agreed rate, which shall be adjustable against SLA penalties. Bidder will not be held liable for any delay or failure to meet SLRs arising out of the Client's or third-party's failure to perform its obligations or meet its dependencies." 24 Query: We requests to add following so that clause is mutually reciprocative "All information supplied by MPSEDC may be treated as contractually biding on the MPSEDC. Bidder's volume and specification. In case of any change in these both parties shall mutually agree on the change order request with appropriate terms." 25 Query: We propose charging and True up Mechanism to be mutually agreed: We requests to confirm volume data as minimum base line for the purpose of billing with an quarterly/6 monthly true up for higher volume to adjust for the actual number of tenders and other volume use for pricing. Further vendor need to be protected by way of bare minimum guaranteed volume to avoid risk due to any decision by Govt/Departments to not use the portal leading to fall in actual volume/usage. 26 Query: Tax - We Proposes to add following "Prices shall be inclusive of all Taxes (taxes, duties, charges and levies as applicable except Service Tax) prevailing on date of bidding. Service Tax shall be reimbursed based on the submission of proof of actual service tax payments made by the bidder. The MPSEDC shall pay for all taxes on actual including VAT, duties, license fees, other such levies including Service Tax, The MPSEDC shall bear impact of any tax law change, tax rate change and introduction of new tax." Corrigendum 9.1 As Per RFP Page 72 As Per RFP 6.34 page Annexure 2 Commercial Bid 6.34 page page 100 As Per RFP Corrigendum and deleting "The price would be inclusive of all taxes, duties, charges and levies as applicable except Service Tax. Service Tax shall be reimbursed based on the submission of proof of actual service tax payments made by the bidder." Page 5 of 26

6 27 Query: Add "MPSEDC shall pay all amounts due from its side for the products delivered and services performed by the Bidder till the date of termination." 28 Query: Modify last line to "The MPSEDC shall pay all invoices within 30 day from the date of of invoice." 29 Query: For maintenance 4 years is considered while O&M is for 5 years. Value of 2g should be revised. 30 Query: We request for the past 3 to 5 year trend of break up of volume data given in 2C,2D,2E,2F,2G in various slabs so that We can run simulation of resource requirement and cost in future. 31 Query: REF does not include mechanism and consideration of transfer of system which is essential in BOOT Deal. We Propose to insert (vii) "In case of any termination and completion of contract, vendor shall transfer the system to MPSEDC on payment of all product/services delivered till date of termination and residual value of system including hardware, software and related setup" 32 The Bidder (Lead Bidder in case of consortium) should have a minimum of 5 years' experience in the field of e-procurement domain and shall provide references of at least five successfully completed/running e-procurement projects of Govt. Depts./PSUs along with supporting testimonials from them. Any company having experience of running even a single state wide/nationwide (India or International) e- Procurement application since last 5 years would be considered equivalent to the aforesaid criteria. The bidder should provide work orders, experience certificate and relevant document in this regard. 7.6 at 101 As Per RFP 10.2 (i) page 117 As Per RFP Annexure 2G Annexure 2 Commercial Bid Per Qualification Point 3 As Per RFP As Per RFP page 118 As Per RFP As Per RFP (Please refer to corrigendum) Suggestions: Only relevant documents should be provided by bidders. 33 The bidder should have processed at least 10,000 e-tenders for Govt. Depts./PSUs in the last 3 years as on the date of submission of bids. Suggestions: Refering Pre-Qualification point 3, We understand that nationwide (India or International) Govt. Dept/PSU will be considered. 34 The e-procurement Application should undergo STQC certification. Certification should be initiated within three months from the Go-live/Final UAT signoff. Page 6 of 26 Per Qualification Point 4 Per Qualification Point 7 It has to be for entire State Govt. (India or International) As Per RFP

7 Suggestions: Please consider CERT-IN certification also. 35 The intellectual property rights in anything developed by the Bidder under this RFP exclusively for MPSEDC and based on information owned by MPSEDC shall vest with MPSEDC. GoMP shall use existing domain name or can register different domain name for the installed instance. The software shall be gradually rolled-out across offices in the Government of Madhya Pradesh. Suggestions: Understanding that functionalities developed for MPSEDC will be owned by MPSEDC and Non-Discloser agreement will be signed but the source code will not handed over to MPSEDC and all further customization will be done by NIIT Tech limited. <Open source are suitable for non-financial king of system. They are cheap but for large database backup and restoration itself is huge task. Security and authentication implementation are not as advanced. Moreover the ownership of source code continuous to be with NIIT technologies Ltd. 36 The e-procurement software should be Platform and Browser Independent however browser for all legal purpose in Microsoft Internet explorer 6.0 above. Application must work on IE 6.0 & above. At the user-end, various users of the e-procurement system should be able to use their PCs under MS Windows XP and above and / or Linux with commonly used office automation tolls such as MS office/star Office/Abode publishing system along with S-MIME (Secure-Multipurpose Internet Mail Extensions) compliant systems and Internet browsers. The Software should support multi platform and should run on open source & Windows platform as well. GoMP shall provide the Data center facility to host the e-procurement Solution. Suggestions: We would recommend, as per our past experience, not to use Open source for your requirement as they are suitable for non-financial transactions. They are cheap but for large database backup and restoration become a challenge and they are not able to handle large databases. Moreover Security and authentication implementation methodology are not as advanced as generally required for financial, sensitive and voluminous data. Features of Proposed System - Point 6 Features of Proposed System - Point 8 As Per RFP As Per RFP (Please refer to corrigendum) Page 7 of 26

8 37 The intellectual property rights in anything developed under this RFP exclusively for MPSEDC and the information or data owned by GoMP shall be proprietary to MPSEDC. However, each party shall own and retain its pre-existing IP. The Bidder shall sign the Non disclosure Agreement with MPSEDC. Suggestions: Understanding that functionalities developed for MPSEDC will owned b MPSEDC and a Non-Discloser agreement will be signed but intellectual property rights will not be transferred to MPSEDC and all further customization will be done by NIIT Tech limited. 38 The server-end software should be platform independent and able to run on Microsoft Windows Server and LINUX Operating System environment. Suggestions: We suggest that rather than multiple platform, It should e on single platform (Microsoft windows server or Linux or Windows) 39 The solution shall be capable of being deployed on multiple OS platforms like Linux, Unix and Windows Suggestions: We suggest that rather than multiple platform, It should e on single platform (Microsoft windows server or Linux or Windows) 40 Multilingual support - English and Hindi Suggestions: We understand software should support Unicode and hindi supports will be required for fixed words only. No keyboard typing is required. 41 Offered Software should be in operation & working satisfactorily in Govt./PSU in India for at least last five year on the date of submission of bids. Suggestions: Refering Per-Qualification Point 3, We understand that nationwide (India or International) Govt. Dept/PSU will be considered. 42 The Bidder (Lead Bidder in case of consortium) should have a minimum of 5 years' experience in the field of e-procurement domain and shall provide references of at least five successfully completed/running e-procurement projects of Govt. Depts./PSUs along with supporting testimonials from them.or Any company having experience of running even a single state wide/nationwide Features of Proposed System Technical Requirements Point Table of Technical Requirements - Point 16 India Localization - Point 5.9 From - P#3 : e- Procurement Implementation Experience PQ Point# 3 Corrigendum Corrigendum As Per RFP It has to be for entire State Govt. (India or International) Query 1: ( corrigendum) Query 2: It will be Page 8 of 26

9 (India or International) e-procurement application since last 5 years would be considered equivalent to the aforesaid criteria. We understand that the bidder having experience of running state/nation wide e- Procurement application since last 5 years would be considered as equivalent to above. from date of LOI Query 3: As Per RFP Query-1: It there any relaxation of number of years experience for running the e- Procurement applications? We are requesting to relax the total number of years from 5 years to 4 years. Query-2: We assume that the experience will be counted from the date of PO/LOI of single e-procurement Application. Please clarify it. Query-3: Can the bidder consider experience (A Years) prior to the single state/nationwide experience (B Years) to derive the total experience to meet the criteria (i.e. T = A Years + B Years) 43 The bidder should have processed at least 10,000 e-tenders for Govt. Depts./PSUs in the last 3 years as on the date of submission of bids. We understand the clause "Bidder should have processed" as "Processed through e- Procurement systems i.e. implemented/ deployed by the Bidder." Please clarify it. Suggestions: The application needs to serve the tendering/auctioning requirements of entire state MP. Hence we are suggesting to increase the number of tenders from 10,000 to 30,000 at-least in last 3 years. 44 Indicate whether your firm / consortium have experience in implementing State wide e-procurement System (Yes/ No)... The content of Forms eg. a) Name of the Client Department/State b) No. of Modules in active use in the State/ Dept. PQ Point# 4 From P#3 Yes, Should have processed through e- Procurement systems. As Per RFP Page 9 of 26

10 C) Details of Contact Person/Nodal Officer from PSU/Dept/State Suggestion: Please change the clause to cover "nation wide" experience as well, i.e. from "State wide" to "State/Nation wide" We assume that the same from can be used for "Nation wide" implementation experience, i.e. the implemented application used across PAN India of a Central Department, Govt. of India. The bidder can mention the Central Govt. department name in place of department/state. Please clarify it. 45 The bidder should have the IPR (Intellectual Property Rights) of the proposed e- Procurement solution so that all type of customization related issues can be addressed by the bidder. Please clarify the requirement for this clause as part of BID submission. Can bidder submit the self declaration certificate about ownership of the proposed solution, if required any certificate at the bid submission? 46 The bidder should have a point of presence in Bhopal or should open a Project Office within 30 days of receipt of Letter of Intent (Lol). Query: is the development centre/project office at Bhopal is mandatory?...the bidder will open a Project office with development centre within 15 days of award notification... Suggestion: Please correct the deviation "no of days" mentioned in 2 reference places. 47 The Developed Software should be compatible with the GoMP Procurement Guidelines, PSU, World Bank, IRC & MORTH requirements and Centrally Sponsored Scheme (CSS) guidelines and any other guidelines specified from time to time. Query: Are there any difference or difference or additional clauses in GoMP guidelines than DIT/MIT, Govt. of India Procurement guidelines? PQ Point# 8 Note # 3 Clause Xiii Clause 3.1, Point# 2 Yes The Project Office has to be in Bhopal or shall open a Project Office within 30 days of issuance of Letter of Intent (Lol). ( Corrigendum) Page 10 of 26

11 48 Application Usage: e-procurement solution will be utilized by GoMP departments including, local bodies and municipal corporations along with their vendors. Co-operative Sectors, Public Sectors and other State Governments can also other authorities can use this solution. We understand the usage of application by GoMP departments/local bodies/municipal corporations/state co-operative sectors/ universities but are not able to understand about the solutions will be used by "Public Sectors and other State Government can also other authorities can use this solution." Please elaborate the requirement, contract terms/conditions, commercials, and deployment/implementation plan for the use of solutions by these bodies/orgn. 49 The Software should support multi platform and should run on open source & Windows platform as well. GoMP shall provide the Data centre facility to host the e-procurement Solution. We understand that the application will be hosted centrally at Data Centre for the usage of various departments/bodies across state MP and by their vendors. Qurey-1: Please elaborate/clarify the requirement of multi platform support. Qurey-2: The OS of Web/App/Database server would be either MS Windows or Linux as per Tender Document. Please elaborate the open source requirement? Qurey-3: We assume that the hardware servers and Infrastructure will be provided by GoMP/MPSEDC to host the application however, it will be maintained by the bidder. The system software and e-procurement applications will be provided by the selected bidder, Please clarify it. Suggestion: We propose to restrict the database requirement to any enterprise database to meet the security requirements and load balancing & high availability Clause 3.1, Point# 5 Clause 3.1, Point# 8 Corrigendum Query 1 - Please refer to Corrigendum Query 2 Query 3 - Please refer to Corrigendum Page 11 of 26

12 requirements, and for scalability/ performance(eg. SQL Server, Oracle, Sybase) instead of any open source database. 50 The transaction fees would be shared between the Service Provider and the MPSEDC in 90:10 ratios respectively. Query-1: How it will work? is it the case that the bidder will quote the price for transactions including the 10% if fees for MPSEDC Point# 14 Query 1 - Yes Query 2-90% Query-2: Whether the bidder will raise the invoice for 90% of fees to MPSEDC or for 100% of fees. 51 Implementation Model with Timelines - O&M for 5 year It seems that schedule is highly tight and may not feasible to accomplish the specified tasks/activity defined as the milestone. The UAT period is not defined as well. Hence, we request your increase the time-line for serial# 3 from T+4 to T+12 weeks, and subsequently for other milestones. Also increase the overall time-line of project from T+18 weeks to T+30 weeks (i.e. around 7 overall time-line of project from T+18 weeks T+30 weeks (i.e. around 7 months) The time-line for phase-2 is not defined. We assume that these modules will be performed on post go-live of phase-1 modules. Please clarify it. 52 Acceptance & Sign off of deliverables We understand the MPSEDC will play a major role and nominate a SPOC and core team, and will coordinate for implementation of applications and migrations of data and departments from legacy system to new system. The SPOC of MPSEC would provide necessary acceptance and sign-off of milestones/deliverables. please clarify it. 53 Training to department users/bidders Please specify the number of trainees needs to be trained and the batch size. Section: General It would be mutually agreed with the selected service provider. General corrigendum Page 12 of 26

13 What is the frequency of repetition of trainings for same users in 5 years period, if any Can the bidder will charge separately for the trainings to vendors/bidders? Please specify the number out station locations, where the training will be conducted in 1st year and in future 54 The solution shall be natively built on 64 bit Operating System. Can 32 bit OS be considered for web/app server? 55 The solution offered should be Service Oriented Architecture complaint Is the SOA architecture mandatory for entire solutions or partial for integration? The core solution of proposed DOTS solution is based on MVC architecture/strut framework. Is it ok? 56 The solution offered should be Uni-Code Compliant. We understand that the database should be uni-code compliant, and there will be options for lables in Hindi/English in the front-end entry/view screen, and there would not be data entry in both languages on processing/numeric fields. Please clarify it. 57 Integration with departmental legacy system (MMS) Please specify the number of heterogeneous MMS system across various departments/ bodies and the platform. 58 Payment Gateway Integration We assume that the integration will be made with 1 payment gateway service provider for all departments. If not, please specify the number of PG needs to be integrated and service provider names 59 Facilitate proxy bidding for contractors, if decided by the department. This supposed to be discouraged as per DIT Guidelines. If needs to be performed then who will perform this activity? may be department users will do proxy bid on behalf of bidder, then what are extra information needs to be captured for this? 60 Support of advanced biometric technology for security and authentication of electronic documentation to establish unique identity with electronic signature. Section: 4.8, Point# 2 Section: 4.8, Point# 1 last paragraph General On-line Bidding Functionality Section , Point d Yes One PG, Modalities would be discussed with the successful bidder. Corrigendum The usage of advanced biometric Page 13 of 26

14 Please elaborate the usage and implementation of biometric authentication in which areas of application? Whether it will be applicable for both internal and external users (bidders/vendors). There is a dependency with biometric device for the authentication and the same should be available with user. It may not be feasible for all users. 61 Transactions which are in conformity with the IT Act 2000 and any further amendments issued by the Government of India (GoI). Query: Should the database support the ISO and IT act 2000 requirements? 62 Audit Trail Query: Audit trails and database auditing requirement has mentioned in the RFP we suggest to further clarify the requirement that the solution should have a centrally managed secure audit storage system which is able to capture before and after values from transaction logs, privileged user audits, raise alters on suspicious activity. The system should provide built-in and customizable reports for department compliance and monitoring. It should also provide security facilities for role segregation within auditing functions in terms of administration, auditors etc. 63 Page 55: database requirement: Encryption Query: Is department looking for transparent data encryption technology? 64 Integrity and confidentiality: Data confidentiality features to be applied to ensure that the data is only accessible by the intended parties. Query: There are possibilities of database updating by bypassing the application hence There should be monitoring/ Preventive mechanism to access/ update sensitive from backend so that unauthorized access/updation from backend can be prevented. 65 The database controls for online Transaction processing systems like Access to database directly, Access to database through application, Access to log files, Access by the remote terminals, DBA Controls, Backup policy and backup procedures. Query: 1- access to log files : Generally DBA has access to audit log files so in case someone wants to erase the audit logs they will able to do that hence it is suggested that audit trails should moved and be in a separate systems /repository technology would be limited to the Dept user only. The standard UIDAI specifications should be considered. 3.4 : compliance Yes The application should have data integrity and confidentiality features as referred in RFP The application should have appropriated controls. Page 14 of 26

15 66 Database control Query: Should the backup on the tapes be also encrypted to prevent from physical theft? 67 Database control Query: Should the policy be also structured where DBA can be segregated as per their role and they should request security team to change the role ( should not be allowed to change by themselves) 68 Additional Security Features Query: Does SQL injection prevention also required for the data security? 69 Additional Security Features Query: It is suggested that the database should have received the security certification of at least level 4 (EAL4) from the International Common Criteria for Information Technology Security Evaluation. 70 Additional Security Features Query: It is suggested that the Database should support to transparently encrypt desired data at column, table space etc. levels at the storage, and should be capable to encrypt data backups and data at the network without application's involvement / coding. 71 Query: Does Database security requirement includes DBA level segregation and data masking at test and development environment? 72 Interface with payment gateway Query: RFP solution using credit card as payment method therefore PCI DSS requirements will be applicable. Does solution should comply to PCI DSS requirements? 73 Role based S/w Query: 1.Pls elaborate on Roles that are being looked at by GoMP 74 Role based S/w Query: 2.Ex- Will employees have multiple roles, Is GoMP looking at Enterprise roles. 75 Role based S/w Query: 3. How does GoMP envision to automatically create & assign these roles to various user community like employees, auctioneers etc It will be in accordance with backup policy of MP SDC It will be in accordance with the Security policy of MP State data centre Yes As per roles structure of Govt departments 3.1 Yes 3.1 Will be discussed with the selected SP Page 15 of 26

16 76 Users to be considered is 500 Query: Is the total named user population 500 including external & internal users 77 Data that has been Audit Stamped must not be physically deleted from the System until it has been Archived. Query: Is there any need for the solution in which Administrators are also not allowed to tamper with the audit data 78 User Registration services Query: Does the scope also include self service & knowledge based authentication for password reset 79 Also be capable of notifying appropriate parties Query: Does the reference to suspicious behavior also point for a need for tracking where the logins are originating & mitigating risks for fraud. 80 Scalability Query: Scalability has been mentioned as one of the key requirements of the system, to clarify, it is suggested that the database layer should have capability to be scaled up horizontally so that more servers can be added dynamically to read-write transactions at the single E-proc database. 81 Database access: Any access to the e-procurement Software database should only be via application/portal authorization. Query: Should the Database have capability to restrict the DBAs and high privileged users to access the transactional data. 82 availability: reliable data availability 24x7x365, Query: As department has mentioned high availability and also mentioned load balancing and clustered database environment, we suggest to clearly mention that the active database servers should simultaneously read and write the complete transactions at the single e-proc database, to avoid a single point in time failure at database layer as to achieve high availability, load balancing, data security and scalability. 3.1 Number of concurrent users is 500 for the purpose of notional sizing of hardware Page 16 of 26

17 83 Page 55: database requirement: Query: There would be requirement for data life cycle management and performance to manage archival and online data. We suggest department to mention for database partitioning requirement to store and retrieve data based on various criteria like year, value, location, number, type, and their combinations. 84 The bidder s (prime) development unit should have certification of CMMi Level 3 or above and BS 7799 / ISO The bidder should submit a copy of the certificates valid as on bid calling date. Query: As many of the pure e procurement OEMs in country are not CMM Certified, we request to relax the clause and keep ISO 9001 & ISO for wider participation. We are under Audit for CMMi 3 and expect to get the certification by end of December The bidder (Prime) should be a profit making company having earned profits, for last 3 years, with a minimum turnover of Rs. 50 Crore in all of the last 3 years (09-10, 10-11, 11-12). As documentary proof, Balance Sheet & Profit & Loss A/c is to be submitted. Query: As e procurement is still at nascent stage, many of the pure e proc players do not have this kind of turnover. Request you to accept a combined Turnover of Rs 50 cr. for stated 3 FYs. 5.6 Section 2 Prequalification Criteria, Clause No. 5 Section 2 Prequalification Criteria, Clause No. 9 corrigendum This will not only help for wider participation, but also remove the need for a Front ending partner thereby will reduce service cost and cost for the MP Govt. vendors. 86 All these conditions need to be fulfilled by Lead Bidder Query: To our understanding, only 2-3 players will qualify and hence most of the pure e procurement OEMs will not be able to participate. However, by relaxing above 2 conditions, the participation will be wider. 87 Data Migration includes the following: 1. Extraction of existing data from the legacy systems; 2. Cleansing and formatting of data extracted from the legacy systems; 3. Creation of new/additional data mandatory in the new system covering the past Section 2 Prequalification Criteria, Clause No.3,5 & 9 Section 4.4 Data Migration Requirement (Please refer to corrigendum) Page 17 of 26

18 years. 4. Uploading of these data to the new system; Data Migration- Bidder shall be responsible for the Data migration from the existing e- Procurement application to the new system. (Modalities of the data migration will be finalized after discussions with selected service provider). Section 3.1, Features of Proposed system, Point No. 15 Query: Data Migration from existing legacy system to New E-procurement system will have external dependency dependencies and many factors may be beyond of immediate control of new vendor Like Data structures, formats etc. This is a long time taking exercise. The department must provide the sufficient time for the same and it should be out of scope of Phase I and Phase II timelines. Also till the time complete data migration happens, Existing service provider should provide existing site up and running parallel for past information for public viewing, department and existing vendors access. 88 Demand Aggregation The ability to aggregate Government departments demand to leverage buying power with the supply market. Query: For Demand Aggregation proper codification of the Items with common specification is required does MP Govt. / Departments follows standard codifications for demand aggregation. 89 Monitoring and enhancement of the performance of scheduled backups, schedule regular testing of backups and ensure adherence to related retention policies. Retention policies shall be defined by GoMP. SAN storage and other related infrastructure for backup shall be provided by GoMP. Query: Please provide Specifications of SAN. Also details of SAN management software if any. 90 The Bidder shall assess and make his own arrangements for infrastructure which includes necessary hardware, system software and transportation of personnel deployed by him, security at the site in addition to the men, machine and material. The servers and other hardware have to be physically located and operated from State Data Centre of GoMP. The bidder should assess the capacity planning and Section 3.4, Objectives of the Proposed Solution Section 4.11 Operational Support for 5 years Section Infrastructure arrangement by Bidder Yes, will be provided to the selected Service Provider. corrigendum on SDC. corrigendum on SDC. Page 18 of 26

19 assessment for the solution taking into account a period of 5 years including hardware specifications & configurations. Query: As Indicated Primary Data Centre will be provided by GoMP to host the server. Please clarify on the requirement of DR site and location/availability of infrastructure for the same. 91 Intrusion detection & protection security features. The Vendor shall provide firewall and IPS as part of the SDC. Query: Does Firewall and IDS to be procured by Vendor in the name of SDC? 92 The implementation of the developed e-procurement application requires integration with the existing legacy systems & interfacing with the various user departments. The bidders shall provide open APIs for interface with future e- commerce/m-commerce /ERP applications. The e-procurement system should support integration of payment gateway for electronic payment through web towards the tender fees, earnest money and security money etc. with all security standards in place and the Bidder shall facilitate the integration as per requirements. The e-procurement application must be integrated with the payment gateway & should allow bidders to remit the funds via NEFT / RTGS. The bidder should be able to make the EMD & document fees payment online. Also it should have a provision to get EMD automatically refunded via NEFT to his/her account for the unsuccessful bidders. Query: What all legacy system are required to be integrated with e-procurement system? Does the specified integration is part of Phase II? As specified The e-procurement system should integrate with the payment gateway. Integration with payment gateway needs involvement of e-banking service provider. Does GoMP already have a Nodal e-payment account for integration /e-banking service provider? Section Technical Requirement Section Integration/Interf ace Requirements corrigendum on SDC Will be discussed with selected SP Page 19 of 26

20 Does the process for refund through NEFT already in place? In case GoMP does not have existing arrangements, then the specified process may take time to be streamlined and it should be out of the timelines specified in tender document for phase I. 93 The Bidder should install/develop his/her own tools for monitoring the SLAs. Query: Please modify the clause as "The Bidder should supply & install SLA monitoring tool as part of the solution." 94 Physical Security:"Physical security for the solution should address securing all information assets form physical access by unauthorized personnel." Page 20 of Operational Support 5.12 Overall Solution Security Requirements: Query: Since all the information assets will be hosted on State data center, physical security should be responsibility of the datacenter operator. 95 Query: Please clarify the size of existing data from legacy systems to be migrated Data Migration Requirements 96 "The Bidder shall assess and make his own arrangements for infrastructure which includes necessary hardware, system software and transportation of personnel deployed by him, security at the site in addition to the men, machine and material." Query: Please clarify if redundant internet links will be provided by state data center OR bidder needs to provide internet links for the solution. 97 Disater recovery Query: Please clarify if disaster recovery provision should be considered in this solution. If yes, please specify the location of the DR site, RTO and RPO requirements 98 Help desk Query: Please specify the location of the help desk support. Please clarify Connectivity from this location to state data center will be whose responsibility? Infrastructure arrangement by Bidder (Please refer to corrigendum on SDC) Yes Will be discussed with selected SP Please refer corrigendum related to SDC General Please refer corrigendum related to SDC 9.4. SLRs for Helpdesk/ Maintenance Location can be remote and connectivity charges will be borne by SP

21 99 Query: The standard exclusions to Confidential Information is not appearing in this RFP. Request to insert standard exclusions to confidential information as follows: This restriction does not limit the right to use information if it: a. Is obtained from another source without restriction. b. Is in the possession of, or was known to, the Bidder prior to its receipt, without an obligation to maintain confidentiality; c. becomes generally known to the public without violation of this provision; d. is independently developed by the Bidder without the use of Information provided by MPSEDC; e. is required to be provided under any law, or process of law duly executed. Section 7.2, Further, the confidentiality obligations of Bidder under this Agreement shall survive termination of this Agreement for a period of two (2) years. 100 Query: Request that the intellectual property rights in anything specifically and exclusively developed for MPSEDC by Bidder under this Agreement shall vest with MPSEDC, subject to Bidder s pre-existing intellectual property rights and any third party intellectual property rights. 101 Query: Request that the price shall be exclusive of value added tax and service tax, which shall be borne at actuals by MPSEDC. Further, Bidder shall be reimbursed for payment of any new taxes or an increase in the rates of existing taxes or any other sum, if any payable in respect of any sales tax and/or any other state or central levy. This will apply retrospectively, if so applicable upon Bidder. 102 Query: Request that liquidated damages shall be levied only for delays that are solely and entirely attributable to Bidder and shall be limited to 0.1% of the value of the undelivered portion of the products for every week of delay, subject to maximum liquidated damages of 5% of the value of the undelivered portion of the products. 103 Query: The standard exceptions to warranty is not appearing in this RFP. Request to insert standard exceptions to warranty as follows: The scope of the warranty shall be limited only to correction of any bugs that were left undetected during acceptance testing by MPSEDC. Warranty shall not cover any Section 7.3, Section 7.4.5, corrigendum Section 7.4.7, Section 8.2, Page 21 of 26

22 enhancements or changes in the application software, carried out after acceptance testing. Warranty is provided only for defects against approved Specifications. Warranty shall also not apply if there is any (i) combination, operation, or use of some or all of the deliverables or any modification thereof furnished hereunder with information, software, specifications, instructions, data, or materials not approved by Bidder and operation of the deliverables on incompatible hardware not recommended by Bidder; (ii) any change, not made by Bidder, to some or all of the deliverables; or (iii) if the deliverables have been tampered with, altered or modified by MPSEDC without the written permission of Bidder; or (iv) defects in components or materials provided to Bidder by MPSEDC in connection with the preparation of the deliverable. 104 Query: Request to make this provision mutually applicable. Section 8.3.1, 105 Query: Definition of Uptime: Request that the time lost due to any of the following reasons shall be taken into account while calculating the availability/ uptime requirement: (a) Time lost due to power or environmental failures; (b) Time taken to recover the system because of power or environmental failures; (c) Time lost due to damage or malfunction in the system or any units thereof due to causes attributable to MPSEDC such as attachment of additional devices, making alteration to the system, maintenance of the system, etc. without Bidder s consent and/ or failure to maintain the site as required by the Bidder; (d) Time taken for scheduled maintenance/ troubleshooting either for preventive purposes or improvement in function or other purposes; (e) Time taken for reconfiguration or other planned downtime situations; (f) Scheduled shutdowns as required by MPSEDC; (Bidder may also request MPSEDC for a shutdown for maintenance purpose, which request will not be denied unreasonably by MPSEDC); (g) Time taken for booting the system (h) Time lost due to unavailability of links. Section 9, 106 Query: Request that the maximum/ overall cumulative penalty levied under this Section 9.3, Please refer clause Agreement shall not exceed 1% of the Contract Value. 107 Query: Request to insert a provision for deemed acceptance of the deliverables as follows: Section 9.6, (vi) Page 22 of 26

23 A deliverable shall be treated as accepted by MPSEDC if MPSEDC (a) fails to provide the list of non conformities within two (2) weeks of delivery, (b) fails to notify the acceptance of the deliverables in terms of this clause within the period of two (2) weeks from delivery, or (c) starts using the deliverable in a live production environment (other than as part of agreed review and acceptance testing procedure, such as UAT). 108 Query: Request to delete this provision. The GCC (under Section 7.4.7, read with our suggested modification) already clarifies the maximum liquidated damages leviable under this Agreement. Under Section 9.3, we request that the maximum penalty levied under this Agreement shall not exceed 1% of the Contract Value. 109 Query: Request to modify the provision as follows: Except for payment obligations, damages for intellectual property infringement and damages for bodily injury (including death) and willful misconduct, a Party s total aggregate liability shall be limited to the amount paid by MPSEDC in the preceding 12 months for the services or deliverables that is subject of the claim. To the extent allowed by Indian law, these limitations shall apply regardless of the basis of liability, breach of any kind, or any other claims in Contract, Tort or otherwise. 110 Query: Request to insert a further provision for pre-existing intellectual property of Bidder as follows: MPSEDC acknowledges that in performing Services under this Agreement Bidder may use Bidder s proprietary materials including without limitation any software (or any part or component thereof), tools, methodology, processes, ideas, know-how and technology that are or were developed or owned by Bidder prior to or independent of the Services performed hereunder or any improvements, enhancements, modifications or customization made thereto as part of or in the course of performing the Services hereunder, ( Bidder Pre-Existing IP ). Notwithstanding anything to the contrary contained in this Agreement, Bidder shall continue to retain all the ownership, the rights title and interests to all Bidder Pre- Existing IP and nothing contained herein shall be construed as preventing or restricting Bidder from using Bidder Pre-Existing IP in any manner , (vi), Section 10.3, Page 23 of 26

24 111 Role based S/w Query: How does GoMP envision to create & assign these roles to various user community like employees, auctioneers etc. 112 Users to be considered is 500 Query: Is the total named user population 500 including external & internal users 113 Prequalification Clause No. 3.The Bidder (Lead Bidder in case of consortium) should have a minimum of 5 years experience in the field of e-procurement domain and shall provide references of at least five successfully completed/ running e- Procurement projects of Govt. Depts. /PSUs along with supporting testimonials from them. Query: Request: Pls consider the experience of any partner of Consortium. 114 Ref: Clause No The server-end software should be platform independent and able to run on Microsoft Windows Server and LINUX Operating System environment. At the user- end, various users of the e-procurement software should be able to use their PCs under MS Windows XP and above and/or Linux with commonly used office automation tools such as MS office/star Office/Abode publishing system along with S- MIME compliant systems and Internet browsers. Query: Clarification sought: If system is platform independent then system will work on both Windows and Linus. But it is mentioned as MS Windows XP and above and/or Linux Pls confirm whether it means both are compulsory or not The e-procurement Software must be compliant to international open standards at various levels such as schema definition, security, document management, /File Transfer Protocol (FTP) etc. Query: Clarification sought: Pls mention the international open standards to be complied 3.1 As per roles structure of Govt departments 3.1 Total number of concurrent users is 500 for the purpose of notional sizing of hardware corrigendum. corrigendum. Page 24 of 26

25 116 Data Migation: Query: Clarification sought: What is the scope of Data Migration from the existing E- Procurement System to New System? Should both tender and vendor data be ported? Which Database is being used currently (with version number). 117 General Query: When can we start billing for the transaction revenue 118 Annex 2 Query: What is the expected Rate of Growth in the no of tenders Query: We suggest prices would be exclusive of service tax and VAT. Also any additional charges or taxes paid shall also be paid over and above the price, as and when applicable. 120 The bidder (Lead Bidder in case of consortium) should have a minimum of 5 year's experience in the field of e-procurement domain and shall provide references of at least five successfully completed/running e-procurement projects of Govt. Depts. / PSUs along with supporting testimonials from them. Any company having experience of running even a since last 5 years would be considered equivalent to the aforesaid criteria. The bidder should provide work orders, experience certificate and relevant documents in this regard. Query: You are requested to relax the above criteria by removing the eligibility of e- Procurement experience only to Lead Bidder as according the point no. 9 of the eligibility criteria you have asked a minimum turnover of Rs. 50 Crore in all of the last 3 years as the e-procurement is the new phenomena and e-procurement Service Provider do not get paid in % of e-procurement they enable but by awarded to L1 Vendor. We have in last 5 Years won e-procurement Tender floated by NPCIL, BHEL, SBI, RCF, BPCL, BDL, KIOCL, BHAVINI, NTCL, RBI and many more through a competitive route where we were L1 Vendor. We annually enable Rs. 50,000 Cr. + Worth of e-procurement for Government & PSU, but we charge them very competitive prices Per Tender or Auction. Not Specified Would be discussed with the selected service provider. From first transaction itself. Bidder to make their own assumptions/ calculations. corrigendum corrigendum Page 25 of 26