Procurement of Load Testing Software SETU Maharashtra

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Procurement of Load Testing Software SETU Maharashtra

  1. 1. Procurement of Load Testing Software SETU Maharashtra Request For Proposal Tender No. DIT-2010/File No 51/39
  2. 2. Procurement of Load Testing Software REQUEST FOR PROPOSAL Index Chapter Topic Page Number 1 Important Notice 3 2 Essential Information 5 3 Scope of Work 10 4 SLA 13 5 Evaluation Methodology 17 6 Award of Contract 24 7 Payment Terms for Successful 29 Bidder 8 Instruction to Bidders 31 9 Annexure 48 2
  3. 3. Procurement of Load Testing Software REQUEST FOR PROPOSAL CHAPTER- 1 Important Notice 3
  4. 4. Procurement of Load Testing Software REQUEST FOR PROPOSAL 1. IMPORTANT NOTICE 1.1 THIS RFP IS NOT TRANFERABLE. 1.2 Bidders are advised to study the RFP document carefully. Submission of bid shall be deemed to have been done after careful study and examination of the tender document with full understanding of its implications. 1.3 The response to this RFP should be full and complete in all respects. Incomplete or partial bids shall be rejected. The bidder must quote for all the items asked for in this RFP. 1.4 The bidder shall bear all costs associated with the preparation and submission of the bid, including cost of presentation for the purposes of clarification of the bid, if so desired by SETU, Maharashtra. SETU, Maharashtra will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. 1.5 All the communication to SETU, Maharashtra including this RFP and the bid documents shall be signed on each page by the authorized representative of the bidder and attach authority letter. 4
  5. 5. Procurement of Load Testing Software REQUEST FOR PROPOSAL CHAPTER- 2 Essential Information 5
  6. 6. Procurement of Load Testing Software REQUEST FOR PROPOSAL 2. ESSENTIAL INFORMATION 2.1. ISSUER SETU, Maharashtra 2.2. GENERAL INFORMATION 2.2.1 The purpose of this Request for Proposal (RFP) is to procure Load Testing software and seek the services of an agency for performance testing of IT Applications of SETU, Maharashtra or of any other departments. This document provides information to enable the bidders to understand the broad requirements to submit their "Bids". 2.2.2 The bidders are expected to submit their offers in two parts namely, “Technical bid” and “Commercial bid” and in the format given in this document. Two copies of each part have to be submitted, titled as ‘Original’ and ‘Duplicate’. So, in all, there has to be – 1. Technical Bid – Original, with a soft copy in a CD titled as Technical bid 2. Technical Bid – Duplicate 3. Commercial Bid – Original, with a soft copy in a CD titled as Commercial Bid 4. Commercial Bid – Duplicate 2.3. ADDRESS FOR BID SUBMISSION AND CORRESPONDENCE SETU, Maharashtra, 7th Floor, Main Building, Mantralaya, Mumbai 400 032 Tel. No. 022-22837263 / 22044586 Fax – 022-22866020 6
  7. 7. Procurement of Load Testing Software REQUEST FOR PROPOSAL 2.4. KEY EVENTS & DATES Event Tentative Date Release of RFP 1st April 2010 Date and Time of Pre Bid Meeting 12th April 2010 Place of Pre Bid Meeting 3.30 PM IST SETU, Maharashtra, 7th Floor, Main Building, Mantralaya, Mumbai 400 032 Tel. No. 022-22837263 / 22044586 Queries on RFP for Pre Bid Meeting have to be submitted in writing 3 days before the Pre Bid Meeting at the above mentioned address as per format given in Annexure 11. Last Date, Time and Place for Bid Submission 22nd April 2010 SETU, Maharashtra, 3.30 PM IST 7th Floor, Main Building, Mantralaya, Mumbai 400 032 Tel. No. 022-22837263 / 22044586 Date, Time and Place for Opening of Technical Bids 22nd April 2010 SETU, Maharashtra, 4.30 PM IST 7th Floor, Main Building, Mantralaya, Mumbai 400 032 Tel. No. 022-22837263 / 22044586 Opening of Commercial Bids It will be Place for Opening of Commercial Bids communicated after SETU, Maharashtra, evaluation of 7th Floor, Main Building, Technical Bids Mantralaya, Mumbai 400 032 Tel. No. 022-22837263 / 22044586 7
  8. 8. Procurement of Load Testing Software REQUEST FOR PROPOSAL Award of the Project It will be communicated later Commencement of Project Within 7 days of award of contract 2.5. IMPORTANT LIMITS / VALUES RELATED TO BID Item Description Tender Fee Rs. 10,000 (Rupees Ten thousand) Bid Security (Earnest Money Rs. 5.00 lakhs (Rupees Five lakhs) Deposit - EMD) in the form of Demand Draft or Bank Guarantee from a Nationalized Bank Bid Validity Period 6 months from the date of submission of bids by the bidder(s) Period for furnishing Within thirty (30) working days of the date of performance security notice of award of the contract or prior to signing of the contract whichever is earlier Performance security value 10% of contract value drawn from a Nationalized Bank (Performance Bank Guarantee) Performance security validity 6 months beyond Contract period period Period for signing contract Within 30 working days from date of receipt of notification of award 2.6. TIMELY SUBMISSION Bidders are solely responsible for timely delivery of the bids to the location as mentioned above in this section, set forth herein prior to the stated Proposals Submission due date and are solely responsible for delays in receipt, including 8
  9. 9. Procurement of Load Testing Software REQUEST FOR PROPOSAL but not limited to third party carriers. Proposals not received on or before the last date and time of submission will not be considered. 2.7. OPENING OF BIDS Proposals/Bids will be opened in front of bidder’s representatives (if present). SETU, Maharashtra reserves the right at any time to postpone or cancel a scheduled bid opening. The bids will be opened at the address mentioned above in this section. 2.8. USE & RELEASE OF BIDDER SUBMISSIONS SETU, Maharashtra is not liable for any cost incurred by the Bidder in the preparation and production of any Proposal, the preparation or execution of any benchmark demonstrations, simulation or laboratory service or for any work performed prior to the execution of a formal contract. All materials submitted become the property of SETU, Maharashtra and may be returned at its sole discretion. The content of each Bidder’s Proposal will be held in strict confidence during the evaluation process, and details of any Proposals will not be discussed outside the evaluation process. 2.9. LIMITS ON PROMOTION The Bidder agrees to make no reference to SETU, Maharashtra or this procurement or resulting contract in any literature, promotional material, brochures, sales presentation or the like without the express prior written consent of SETU, Maharashtra. 9
  10. 10. Procurement of Load Testing Software REQUEST FOR PROPOSAL CHAPTER- 3 Scope of Work 10
  11. 11. Procurement of Load Testing Software REQUEST FOR PROPOSAL 3. SCOPE OF WORK The Scope of work for the Bidder is as follows: I. Load Testing Software: Supply of licenses for Load Testing Software, Installation of Software II. Support: 1 year annual support for the software, including updates, and patches III. Performance Testing: Performance testing of GoM e-Governance applications using the load testing software supplied 3.1. Load Testing Software 3.1.1. Key Activities: The key activities to be performed are: Supply of core software module (if any) needed for the load testing software Supply of 500 virtual user licenses (perpetual in nature) for the load testing software (for load testing of web based applications) Installation of the software Providing all software documentations to SETU, Maharashtra, including installation guides etc. The application and portal development can be classified into the following four activities 3.2. Support 3.2.1. Provide 1 year comprehensive onsite support, including patches and updates from the OEM 3.3. Performance Testing 11
  12. 12. Procurement of Load Testing Software REQUEST FOR PROPOSAL 3.3.1. Provide performance testing of software developed by various departments of SETU, Maharashtra 3.3.2. The performance testing shall involve: 3.3.2.1. Creating a Test Plan 3.3.2.2. Designing Tests Cases 3.3.2.3. Implementing the Test cases (Creating scripts/scenarios for testing as per the requirement of SETU, Maharashtra 3.3.2.4. Executing the tests (load and stress testing) 3.3.2.5. Evaluating Test results and preparing reports to be submitted regarding the tests conducted 3.4. SUGGESTIVE LIST OF DELIVERABLES The suggested list of deliverables (but not limited to) from the successful bidder include – 3.4.1. Software supply and installation Training Manuals and literature Systems Administration Manuals User manuals Installation Manuals Operational Manuals Maintenance Manuals 3.4.2. Performance testing Test Plan and Test Cases Reports based on the test results as per the requirement of SETU, Maharashtra Note: Documents need to be provided in hard copy and electronic (soft copy) formats. All electronic documents should be in OASIS Open Document Format for Office Applications or Office Open XML format. 12
  13. 13. Procurement of Load Testing Software REQUEST FOR PROPOSAL CHAPTER- 4 SLA 13
  14. 14. Procurement of Load Testing Software REQUEST FOR PROPOSAL 4. SLA 5.1 Service Level Agreement (SLA) is the contract between SETU, Maharashtra and the successful bidder. SLA defines the terms of the Successful bidder’s responsibility in ensuring the timely delivery of the deliverables and the correctness of the same based on the agreed Performance Indicators as detailed in the Agreement. This section defines various Service Level Indicators which will be considered by SETU, Maharashtra in the Service Level Agreement with Successful bidder. 5.2 The successful bidder has to comply with two (2) Service Level Agreements (SLAs) to ensure adherence to project timelines, quality and availability of services. Note: Penalties shall not be levied on the successful bidder in the following cases : • The non compliance to the SLA has been due to reasons beyond the control of the bidder • There is a force Marjorie event effecting the SLA which is beyond the control of the successful bidder 5.3 Timely Delivery: Definition Timely delivery of deliverables would comprise of the following: Supply and installation of the load testing software Reports to be submitted post completion of load testing of software applications Service Level Requirement All the deliverables defined in the contract or as agreed upon with the vendor has to be submitted on-time on the date as mentioned in the contract with no delay. Measurement of Service Level To be measured in Number of Business Days 14
  15. 15. Procurement of Load Testing Software REQUEST FOR PROPOSAL Parameter of delay from the date of submission as defined in the project contract. Penalty for non-achievement of Delay of every Business Day would attract a SLA Requirement penalty per day as per the following – 1. For Software Application = INR 10,000 Per day Penalty 2. For Documents = INR 5,000 Per day Penalty The total penalty would be generated by the product of the above and the number of Business Days Delay 5.4 Resolution Time: Definition Time in which a complaint / query regarding the load testing software is resolved after it has been reported by SETU, Maharashtra to the successful bidder Service Level Requirement Any query after being given a response should be classified for resolution in following three categories. Resolution Level 1 (R1): Queries regarding issues which has the greatest business impact wherein the user is not able to perform his/her work of testing For example, unable to login to the system due to errors in software Resolution Level 2 (R2): Queries regarding issues which has medium business impact wherein the user is partially able to perform his/her work of testing The Successful Bidder should provide service as per the following standards – 15
  16. 16. Procurement of Load Testing Software REQUEST FOR PROPOSAL Type of Query Maximum resolution time allowed R1 1 business day R2 3 business day Measurement of Service Level The service level would be defined in the number of Parameter business days calculated from the date of logging the call/raising the request with the successful bidder. Penalty for non-achievement of SLA Delay of every Business Day would attract a penalty Requirement per day as per the following – 1. For R1 = INR 15,000 per day 2. For R2 = INR 10,000 per day The total penalty would be generated by the product of the above and the number of Business Days Delay. 5.6 The maximum penalty at any point of time and for any period should not exceed 25% of outstanding project payment to be made to the vendor as per the Commercial Bid submitted by the successful bidder. 16
  17. 17. Procurement of Load Testing Software REQUEST FOR PROPOSAL CHAPTER- 5 Evaluation Methodology 17
  18. 18. Procurement of Load Testing Software REQUEST FOR PROPOSAL 5. EVALUATION METHODOLOGY 5.1. Overall Evaluation 5.1.1. SETU, Maharashtra will evaluate and compare the bids determined to be substantially responsive. It is SETU, Maharashtra’s intent to select the proposal that is most advantageous to SETU, Maharashtra and each proposal will be evaluated using the criteria and process outlined below 5.1.2. The technical evaluation of Bids will be carried out using a point system. 5.1.3. Bidders with score of 50 and above in the technical bid shall be considered as technically qualified. 5.1.4. SETU, Maharashtra reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received if deemed in the best interest of SETU, Maharashtra to do so. 5.2. Preliminary Evaluation The Bid evaluation process shall be a three-stage process. The first stage of evaluation would involve examination of the Pre-qualification bid documentation furnished by the Bidder prima facie to see if the technical skill base and financial capacity and other Bidder attributes claimed therein are consistent with the needs of this project. SETU, Maharashtra may ask Bidder(s) for additional information, visit to Bidders site and/or arrange discussions with their professional, technical faculties to verify claims made in Pre-qualification bid documentation. 5.3. Evaluation of Bids 5.3.1. In the second and third steps of evaluation, SETU, Maharashtra will proceed to a detailed evaluation of the Technical Bids of the Bidders who qualify the Pre- qualification bid criteria in order to determine whether they are substantially responsive to the requirements set in the Request for Proposals. In order to reach 18
  19. 19. Procurement of Load Testing Software REQUEST FOR PROPOSAL such a determination, SETU, Maharashtra will examine the information supplied by the Bidders, and shall evaluate the same as per the evaluation criteria specified in this RFP. 5.3.2. Based on the technical evaluation, the Commercial Bids of only the technically qualified bidders shall be opened by SETU, Maharashtra. The commercial evaluation will take into account the information supplied by the Bidders in the Commercial Proposal, and shall evaluate the same as per the evaluation criteria specified in this RFP. 5.3.3. A substantially responsive Bid is one, which conforms to the requirements, terms, conditions and specifications of the Request for Proposals without material deviation. A material deviation is one which affects in any substantial way the functionality, scope, quality, or performance of the Deliverables, or which limits in any substantial way, inconsistent with the Request for Proposals, SETU, Maharashtra's rights or the Bidder's obligations for, performance of the Project and the rectification of which deviation would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids. 5.3.4. SETU, Maharashtra may waive any minor informality or non-conformity or irregularity in a Bid, which does not constitute a material deviation, provided such a waiver does not prejudice or affect the relative ranking of any Bidder. 5.4. Evaluation Committee 5.4.1. The Tender Evaluation Committee constituted by SETU, Maharashtra shall evaluate the tenders. 5.4.2. The Tender Committee may choose to conduct negotiation or discussion with the bidder with the lowest price quote. 5.4.3. The decision of the Evaluation Committee in the evaluation of the Technical and Commercial bids shall be final. No correspondence will be entertained outside the process of negotiation/ discussion with the Committee. 5.5. Clarifications of Bids and Review of Bidders' Proposed Deviations 19
  20. 20. Procurement of Load Testing Software REQUEST FOR PROPOSAL To assist in the examination, evaluation and comparison of Bids SETU, Maharashtra may, at its discretion, ask the Bidder for a clarification of its Bid. The request for clarification and the response shall be in writing and no change in the price or substance of the Bid shall be sought, offered or permitted. 5.6. Contacting SETU, Maharashtra Any attempt by a Bidder to influence SETU, Maharashtra in its bid evaluation, bid comparison or contract award decisions may result in the rejection of the Bidder's Bid. 5.7. Pre-Qualification Bid Evaluation 5.7.1. Prior to the detailed evaluation of the Technical Bids, SETU, Maharashtra shall determine whether each bid is (a) complete, (b) is accompanied by the required information and documents and (c) is substantially responsive to the requirements set forth in the RFP document. 5.7.2. The pre-qualification criteria for this bid are: The bidder should be a reputed system integrator or software development firm in India having:- • Number of years in business, at least 5 years. • Minimum annual turnover of Rs. 5 Crores from software testing, supply of testing software in each of the last two financial year 2007-08, 2008-09 • Positive net worth as on 31st Mar 2009 • The bidder should have provided software testing services to minimum one (1) Government/ public sector client in India in the last 2 years. • The Bidder must have an office in Maharashtra. • Bidder must have an overall IT staff strength performing the activities of software testing of at least 50 personnel as on 31-03-2009 (to be certified on a Company letterhead by the Head of HR, along with company seal) 5.7.3. All the above must be substantiated through suitable document proof in support. 5.7.4. The bidder may bid as a consortium of maximum 2 partners. However, the above- mentioned criteria are applicable to the principal bidder who may collaboratively provide the solution along with other partner(s). In case of the successful bidder, 20
  21. 21. Procurement of Load Testing Software REQUEST FOR PROPOSAL which is a consortium, the parties of consortium shall be jointly and severally held responsible for the implementation of system and provision of services. The details of the contractual agreements between both the parties to the consortium should be included in the technical bid to be submitted by the bidder. 5.8. Technical Bid Evaluation 5.8.1. Bidders who have qualified as per the Pre-Qualification Criteria of this RFP document shall be evaluated by the Evaluation Committee based on a weighted point system, assessing each bidder’s ability to satisfy the requirements set forth in the RFP Document. The Evaluation Committee will evaluate the technical proposals by taking into account factors mentioned below. The information furnished by the bidders in the technical bid shall be the basis for this evaluation. In case any of the information is not made available the committee will assign zero marks to that item. 5.8.2. Each of the technical bids shall be evaluated on a score of 70 points 5.8.3. Each Proposal will be evaluated according to the following criteria, but not limited to the following - S. No. Technical Evaluation Criteria Maximum Points 1 Related Experience and Capabilities of the firm 20 2 Capability of the proposed team 15 3 Technical capabilities of the Proposed Performance testing 35 product 4 TOTAL 70 Relevant Experience and Capabilities 1. Relevant experience of the bidder in India in software testing 10 projects in the last 3 years (Information needed on number of projects, project value, client, duration, scope of work etc) 2. Usage of the OEM product in India which is proposed for the 10 21
  22. 22. Procurement of Load Testing Software REQUEST FOR PROPOSAL project in software testing projects in the last 3 years (Information needed on number of projects, project value, client, duration, scope of work etc) Total 20 Capability of the proposed team 1 Technical Capabilities of the proposed team (CVs to be submitted 15 of Project Manager and minimum of 2 lead testers) Total 15 Technical capabilities of the Proposed Performance testing product 1 The technical capability of the proposed performance testing 35 product shall be based on the compliance to the functionalities listed in Annexure 12 and the product demo given to the evaluation committee Total 35 Grand Total 70 5.8.4. The total technical score determined by a bidder shall be denoted by ‘S(t)’ 5.8.5. The minimum qualification marks for Technical Bid will be 50. Any bidder securing 50 or above marks in the Technical section would be deemed to have qualified technically. 5.9. Commercial Bid Evaluation 5.9.1. The commercial bids of only the technically qualified bidders shall be opened for consideration. 5.9.2. Lowest Commercial Bid [denoted by Symbol “F(m)”] will be allotted a Commercial score of 30 marks. The Commercial score will be denoted by Symbol “S(c)”. The 22
  23. 23. Procurement of Load Testing Software REQUEST FOR PROPOSAL Commercial score of other Bidders will be computed by measuring the respective Commercial Bids against the lowest proposal. 5.9.3. These Commercial scores will be computed as: S(c) = 30 * [F (m) / F] where “F” is the Commercial Bid of the Bidder whose Commercial score is being calculated. The Commercial score shall be out of a maximum of 30 marks. 5.10. Total Bid Evaluation The final score for each technically qualified bidder shall be determined as: S = S (t) + S(c) Thus the composite score shall be out of a maximum of 100 marks. The responsive Bidders will be ranked in descending order according to the composite score as calculated based on the above formula. The Bidder whose total composite score (sum of the technical and commercial score) is the maximum shall be eligible for the award of Contract. 23
  24. 24. Procurement of Load Testing Software REQUEST FOR PROPOSAL CHAPTER- 6 Award of Contract 24
  25. 25. Procurement of Load Testing Software REQUEST FOR PROPOSAL 6. AWARD OF CONTRACT 6.1. Award Criteria 6.1.1. SETU, Maharashtra will award the Contract to the successful Bidder whose Bid has been determined to be substantially responsive and has been determined as the Best Valued Bid after Technical and Commercial Evaluation (refer to the evaluation criteria in Section 5 for details). 6.1.2. SETU, Maharashtra reserves the right to accept or reject any Bid, and to annul the bidding process and reject all Bids at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for SETU, Maharashtra’s action. 6.2. Notification of Award 6.2.1. Prior to the expiration of the period of Bid validity, SETU, Maharashtra will notify the successful Bidder in writing or by fax or email, to be confirmed in writing by letter, that its Bid has been accepted. 6.2.2. The notification of award will constitute the formation of the Contract. 6.2.3. Upon the successful Bidder's furnishing of Performance Security, SETU, Maharashtra will notify each unsuccessful Bidder. 6.3. Signing of Contract 6.3.1. At the same time as SETU, Maharashtra notifies the successful bidder that its bid has been accepted, SETU, Maharashtra shall enter into a contract with the successful Bidder. 6.4. Performance Bank Guarantee 6.4.1. The successful bidder shall at his own expense deposit with SETU, Maharashtra, within thirty (30) working days of the date of notice of award of the contract or prior to signing of the contract whichever is earlier, an unconditional and irrevocable Performance Bank Guarantee (PBG) from a Nationalized or Scheduled Bank 25
  26. 26. Procurement of Load Testing Software REQUEST FOR PROPOSAL acceptable to SETU, Maharashtra, payable on demand, for the due performance and fulfillment of the contract by the bidder. 6.4.2. The performance guarantee shall be denominated in the currency of the Contract and shall be by bank guarantee. 6.4.3. This Performance Bank Guarantee will be for an amount equivalent to 10% of contract value. All charges whatsoever such as premium, commission etc. with respect to the Performance Bank Guarantee shall be borne by the bidder. 6.4.4. The performance bank guarantee shall be valid until the end of 6 months after the completion of the Contract with the successful bidder. Subject to the terms and conditions in the Performance Bank Guarantee, at the end of 6 months from the contract end date, the Performance Bank Guarantee will lapse automatically. 6.4.5. The Performance Bank Guarantee may be discharged/ returned by SETU, Maharashtra upon being satisfied that there has been due performance of the obligations of the Bidder under the contract. However, no interest shall be payable on the Performance Bank Guarantee. 6.4.6. In the event of the Bidder being unable to service the contract for whatever reason, SETU, Maharashtra would evoke the PBG. Notwithstanding and without prejudice to any rights whatsoever of SETU, Maharashtra under the Contract in the matter, the proceeds of the PBG shall be payable to SETU, Maharashtra as compensation for any loss resulting from the Bidder’s failure to complete its obligations under the Contract. SETU, Maharashtra shall notify the Bidder in writing of the exercise of its right to receive such compensation within 14 days, indicating the contractual obligation(s) for which the Bidder is in default. 6.4.7. SETU, Maharashtra shall also be entitled to make recoveries from the Bidder’s bills, performance bank guarantee, or from any other amount due to him, the equivalent value of any payment made to him due to inadvertence, error, collusion, misconstruction or misstatement. 6.5. Warranty 6.5.1. The successful Bidder warrants a Warranty Period for the load testing software for the duration of sixty months, commencing from the date of installation and acceptance. The warranty should include that the load testing software deployed by the successful bidder under this contract shall have no defect arising from design or workmanship or from any act or omission of the successful Bidder. 26
  27. 27. Procurement of Load Testing Software REQUEST FOR PROPOSAL 6.5.2. SETU, Maharashtra shall promptly notify successful Bidder in writing of any claims arising under this warranty. Upon receipt of such notice, the Vendor shall, within the warranty period and with all reasonable speed, repair or replace the defective Systems, without costs to SETU, Maharashtra and within time specified and acceptable to SETU, Maharashtra. 6.5.3. If the successful Bidder, having been notified, fails to remedy the defect(s) within the period specified in the contract, SETU, Maharashtra may proceed to take such reasonable remedial action as may be necessary, at the successful bidder’s risk and expense and without prejudice to any other rights which SETU, Maharashtra may have against the Vendor under the Contract. 6.5.4. During the Warranty period, the successful Bidder will provide all updates, patches/ fixes, version upgrades and new versions if any within 30 days of their availability and should carry out installation and operationalization of the same at no additional cost to SETU, Maharashtra. 6.5.5. The successful bidder hereby represents and warrants that the Software as delivered does not and will not infringe any Intellectual Property Rights held by any third party and that it has all necessary rights, or at its sole expense shall have secured in writing all transfers of rights and other consents necessary to make the assignments, licenses and other transfers of Intellectual Property Rights and the warranties set forth in the Contract. Without limitation, the vendor shall secure all necessary written agreements, consents and transfers of rights from its employees and other persons or entities whose services are used for deployment of the Software. 6.5.6. The successful bidder hereby warrants to SETU, Maharashtra that: 6.5.6.1. The load testing software represents a complete solution meeting SETU, Maharashtra’s requirements and will provide the functionality and performance, as per the terms and conditions under the contract 6.5.6.2. The successful bidder will be responsible for warranty services from subcontracted third party producers or licensers of Products included in the Systems 27
  28. 28. Procurement of Load Testing Software REQUEST FOR PROPOSAL 6.5.6.3. The successful bidder undertakes to ensure the maintenance of the acceptance criterion/standards in respect of the systems during the warranty period 6.6. Failure to agree with the Terms & Conditions of the RFP/Contract Failure of the successful Bidder to agree with the Terms & Conditions of the RFP/Contract shall constitute sufficient grounds for the annulment of the award, in which event SETU, Maharashtra may make the award to the next Best Value Bidder or call for new Bids. 28
  29. 29. Procurement of Load Testing Software REQUEST FOR PROPOSAL CHAPTER- 7 Payment Terms for Successful Bidders 29
  30. 30. Procurement of Load Testing Software REQUEST FOR PROPOSAL 7. PAYMENT TERMS FOR SUCCESSFUL BIDDER 8.1 SETU, Maharashtra shall pay to the successful bidder the consideration, to be fixed as per terms of the Contract with the successful bidder(s). The broad terms of payment are indicated below: The payment as percentage of Price A (as mentioned in Annexure 8) Acceptance of the load testing software by SETU, Maharashtra upon 60 % successful installation, commissioning and testing by the bidder Submission and Acceptance of all required product documentation 10 % Completion of one month (without any issues/bugs) after acceptance of 30 % the load testing software by SETU, Maharashtra The payment as percentage of Price B (as mentioned in Annexure 8) Initial Testing of the application and submission of test results and 40 % reports Final Testing of the application and submission of test results and reports 50% after changes as suggested in the initial report has been implemented One month after completion of the final testing and Go-Live of the system 10% 8.2 All payments to the successful bidder shall be made upon submission of invoices along with the sign off related documents thereof after making adjustments (if required) for penalties for non adherence to defined SLAs. 30
  31. 31. Procurement of Load Testing Software REQUEST FOR PROPOSAL CHAPTER- 8 Instruction to Bidders 31
  32. 32. Procurement of Load Testing Software REQUEST FOR PROPOSAL 8. INSTRUCTION TO BIDDERS 8.1. RESPONSE TO TENDER ADVERTISEMENT 8.1.1. In response to the tender advertisement, the bidders are expected to submit their offers in two parts namely, “Technical bid” and “Commercial bid”. The interested bidders should send their bids to the address mentioned in Section 2. Two copies of each of the bid needs to be submitted – ‘Original’ and ‘Duplicate’ along with a soft copy of each. 8.1.2. The Bidders are solely responsible for delays in receipt, including but not limited to third party carriers. Bids not received at address mentioned in Section 2 by the date and time mentioned in Section 2 will not be opened. 8.2. COST OF TENDER DOCUMENT 8.2.1. The tender document is available for sale against payment of Rs. 10,000 (Rupees Ten thousand only) by demand draft drawn in favor of Member Secretary- Setu, Government of Maharashtra payable at Mumbai. The bidders could obtain the tender document at the following address from 10 am to 5 PM during the period as mentioned in Section 2.4 SETU, Maharashtra, 7th Floor, Main Building, Mantralaya, Mumbai 400 032 Tel. No. 022-22837263 / 22044586 8.2.2. The tender document is available for download from the GoM Official website during the period as mentioned in Section 2.4. Vendors who download the tender document from the website needs to provide a demand draft of Rs. 10,000 (Rupees Ten thousand only) drawn in favor of Member Secretary-Setu, Government of Maharashtra payable at Mumbai at the time of submission of bid. 32
  33. 33. Procurement of Load Testing Software REQUEST FOR PROPOSAL 8.3. PRE-BID CONFERENCE 8.3.1. SETU, Maharashtra will conduct a pre-bid conference for all potential bidders to clarify the objectives/scope of the project as per the date and time mentioned in Section 2.4. The pre-bid conference would be held at: SETU, Maharashtra, 7th Floor, Main Building, Mantralaya, Mumbai 400 032 Tel. No. 022-22837263 / 22044586 8.3.2. The interested bidders should confirm their participation and submit their queries in writing 7 business days prior to the Pre-Bid Conference. 8.4. BID SECURITY (EARNEST MONEY DEPOSIT – EMD) 8.4.1. The Bidder shall furnish, as part of its pre-qualification bid, a bid security of INR 5,00,000 (Rupees Five lakhs only). 8.4.2. The bid security is required to protect SETU, Maharashtra against the risk of Bidder’s conduct, which would warrant the security’s forfeiture 8.4.3. The bid security shall be denominated in Indian Rupees, and shall be in the form of a demand draft drawn on a nationalized bank in favour of Member Secretary, Setu- Government of Maharashtra or a Bank Guarantee from a nationalized or scheduled bank as per the format given in Annexure 8.4.4. Unsuccessful Bidder’s bid security will be discharged/ returned as promptly as possible but not later than 60 days after the award of the contract to the successful bidder. 8.4.5. The successful Bidder’s bid security will be discharged upon the Successful Bidder signing the Contract and furnishing the Performance Bank Guarantee given in Annexure 8.4.6. No interest will be payable by SETU, Maharashtra on the amount of the Bid Security. 33
  34. 34. Procurement of Load Testing Software REQUEST FOR PROPOSAL 8.4.7. The bid security may be forfeited: (a) If a Bidder withdraws his bid or increases his quoted prices during the period of bid validity or its extended period, if any; or (b) In the case of a successful Bidder, if the Bidder fails to sign the Contract or to furnish Performance Bank Guarantee in accordance with the format given in the Annexures. 8.5. AMENDMENT OF REQUEST FOR PROPOSALS 8.5.1. At any time prior to the deadline for submission of bids, SETU, Maharashtra, for any reason, may modify the RFP by amendment notified in writing or by fax or email to all Bidders who have purchased this RFP and such amendment shall be binding on them. 8.5.2. SETU, Maharashtra, at its discretion, may extend the deadline for the submission of bids. 8.6. LANGUAGE OF PROPOSALS The Proposal and all correspondence and documents shall be written in English. All Proposals and accompanying documentation will become the property of SETU, Maharashtra and will not be returned. An electronic copy of Technical bid on CD must also be included. The hardcopy version will be considered as the official proposal. 8.7. SETU, Maharashtra SITE VISIT The Bidder may visit and examine SETU, Maharashtra’s site(s) at a time to be agreed with GoM and obtain for himself on his own responsibility all information that may be necessary for preparing the Bid document. The visit may not be used to raise questions or seek clarification; such matters must be submitted in writing. The costs of visiting the site(s) shall be at Bidder's own expense. 8.8. BIDDER’S SITE VISIT 34
  35. 35. Procurement of Load Testing Software REQUEST FOR PROPOSAL Bidder’s site visit may be sought at the discretion of SETU, Maharashtra. The bidder shall provide all the necessary assistance in assessing and evaluating the bidder’s capabilities during their visit. 8.9. PRICES 8.9.1. The bidder shall quote a fixed price for the entire project on a single responsibility basis. 8.9.2. No adjustment of the contract price shall be made on account of variation of costs of labour and materials or any other cost component affecting the total cost in fulfilling the obligations under the contract. The Contract price shall be the only payment, payable by SETU, Maharashtra to the successful Bidder for completion of the contractual obligations by the successful Bidder under the Contract, subject to the terms of payment specified in the Contract. 8.9.3. The price would be inclusive of all taxes, duties, charges and levies as applicable. 8.9.4. The prices, once offered, must remain firm and must not be subject to escalation for any reason whatsoever within the period of warranty. 8.9.5. A bid submitted with an adjustable price quotation will be rejected as non- responsive. 8.10. CORRECTION OF ERRORS 8.10.1. Bidders are advised to exercise greatest care in entering the pricing figures. No excuse that mistakes have been made or requests for prices to be corrected will be entertained after the quotations are opened. 8.10.2. All corrections, if any, should be initialed by the person signing the bid form before submission, failing which the figures for such items may not be considered. 35
  36. 36. Procurement of Load Testing Software REQUEST FOR PROPOSAL 8.10.3. The copies ‘Original’ and ‘Duplicate’ of each bid should be similar in all respects in terms of content. (e.g. – the original and duplicate copies of the Technical Bid should be similar in all respects in terms of the content) 8.10.4. Arithmetic errors in bids will be corrected as follows: (a) Where there is a discrepancy between the amounts in figures and in words, the amount in words shall govern. (b) The amount stated in the bid form, adjusted in accordance with the above procedure, shall be considered as binding, unless it causes the overall bid price to rise, in which case the bid price shall govern. 8.11. BID CURRENCY Prices shall be quoted entirely in Indian Rupees. 8.12. DISQUALIFICATION The bid is liable to be disqualified in the following cases (this list is indicative, and not limited to) 8.12.1. The Bid not submitted in accordance with this document. 8.12.2. During validity of the bid, or its extended period, if any, the bidder increases his quoted prices. 8.12.3. The bidder qualifies the bid with his own conditions. 8.12.4. Bid is received in incomplete form. 8.12.5. Bid is received after due date and time. 8.12.6. Bid is not accompanied by all requisite documents 36
  37. 37. Procurement of Load Testing Software REQUEST FOR PROPOSAL 8.12.7. Information submitted in Technical offer is found to be misrepresented, incorrect or false, accidentally, unwittingly or otherwise, at any time during the processing of the contract (no matter at what stage) or during the tenure of the contract including the extension period if any. 8.12.8. Commercial bid is enclosed in the same envelope as Technical bid. 8.12.9. The Deliverables as given in the Technical solution should be in consonance with the Commercial proposal. Any deviations in the final deliverables between technical and commercial proposals shall make the bid as being unresponsive and may lead to disqualification of the bid. 8.12.10. Awardee of the contract qualifies the letter of acceptance of the contract with his conditions. 8.12.11. Bidders may specifically note that while processing the bid documents, if it comes to SETU, Maharashtra’s knowledge expressly or implied, that some bidders may have compounded in any manner whatsoever or otherwise joined to form a cartel resulting in delay / holding up the processing of bid then the bidders so involved are liable to be disqualified for this contract as well as for a further period of two years from participation in any of the bids floated by SETU, Maharashtra. It is also clarified that if need arises SETU, Maharashtra would go in for appointment of outside party(s) to undertake the work under the captioned bid. 8.12.12. In case any one party submits multiple bids, the bidders are likely to be disqualified, unless additional bids/bidders are withdrawn upon notice immediately. 8.12.13. Bidder fails to deposit the Performance Bank Guarantee(refer Section 6.5) or fails to enter into a contract within 30 working days of the date of notice of award of contract or within such extended period, as may be specified by SETU, Maharashtra. 8.13. FORMAT AND SIGNING OF BID 37
  38. 38. Procurement of Load Testing Software REQUEST FOR PROPOSAL 8.13.1. The Bidder must organize the bid in accordance with the format specified in the Appendix of this document. 8.13.2. The Bidder shall prepare an original and one (1) duplicate of the Bid, clearly marking each "Original" and "Duplicate". In the event of any discrepancy between them, the original shall govern. An electronic copy of Technical bid on CD must also be included. Hard copy version is considered for official purposes. 8.13.3. The original and the copies of the Bid shall be typed or written in indelible ink and shall be signed by the Bidder or a person or persons duly authorized to bind the Bidder to the Contract. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid. 8.13.4. 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 initialed by the person or persons signing the Bid in original. 8.14. SEALING AND MARKING OF BIDS 8.14.1. The Bidders shall seal the Technical Proposal in an inner envelope marked "Technical Bid”. 8.14.2. The Bidders shall seal the Commercial Proposal in an inner envelope marked "Commercial Bid”. 8.14.3. The inner envelopes shall be sealed in an outer envelope. Both inner and outer envelopes shall be addressed to “Member Secretary, SETU, Maharashtra” at the address given in the document. 8.14.4. The inner and outer envelopes shall: • Bear the Project title and the words • "DO NOT OPEN UNTIL TECHNICAL EVALUATION” for Commercial bid 38
  39. 39. Procurement of Load Testing Software REQUEST FOR PROPOSAL • The inner envelope shall indicate the name and address of the bidder to enable the Bid to be returned unopened in case it is declared "late." • If the outer envelope is not sealed and marked as specified above, SETU, Maharashtra will not assume responsibility for the Bid's misplacement or premature opening. 8.15. SUBMISSION OF BIDS 8.15.1. The bidder shall submit the bids using the format and form provided in the Appendix. The technical bid should not contain any pricing or commercial information. 8.15.2. Bids along with the relevant documents must be received at the address specified and no later than the time (on the date) specified in Section 2.4 8.15.3. Bids received after the date and time mentioned in the Section 2.4 will not be accepted under any circumstances. The bidder shall ensure that the bid documents, complete in all respects, reach by the due date and time. 8.15.4. In case the bid due date is extended due to any reason the same shall be intimated to all the bidders who have purchased the RFP at the e-mail address/ fax nos./ postal address provided by them. The same will also be available on the website of SETU, Maharashtra. 8.15.5. SETU, Maharashtra may, at its discretion, extend this deadline for the submission of Bids by amending the Request for Proposals, in which case all rights and obligations of SETU, Maharashtra and Bidders previously subject to the deadline will thereafter be subject to the deadline as extended. 8.16. LATE BIDS Any Bid received by SETU, Maharashtra after the deadline for submission of bids prescribed by SETU, Maharashtra, will be rejected. 8.17. MODIFICATION AND WITHDRAWAL OF BIDS 39
  40. 40. Procurement of Load Testing Software REQUEST FOR PROPOSAL 8.17.1. The Bidder may modify or withdraw its Bid after the Bid's submission, provided that written notice of the modification or withdrawal is received by SETU, Maharashtra prior to the deadline prescribed for submission of Bids. 8.17.2. The Bidder's modification or withdrawal notice shall be prepared, sealed, marked and dispatched to SETU, Maharashtra. A withdrawal notice may also be sent by fax or email but should be followed by a duly signed confirmation copy not later than the deadline for submission of Bids. 8.17.3. No Bid may be modified subsequent to the deadline for submission of Bids. 8.17.4. No Bid may be withdrawn in the interval between the deadline for submission of Bids and the expiration of the period of Bid validity specified by the Bidder on the Bid Form. 8.18. CONFLICT OF INTEREST Bidder shall furnish an affirmative statement as to the existence of, absence of, or potential for conflict of interest on the part of the Bidder or any prospective subcontractor due to prior, current, or proposed contracts, engagements, or affiliations with SETU, Maharashtra. Additionally, such disclosure shall address any and all potential elements (time frame for service delivery, resource, financial or other) that would adversely impact the ability of the Bidder to complete the requirements as given in the RFP. 8.19. PROTECTION FROM OBSOLESCENCE The Software provided should protect SETU, Maharashtra from technical obsolescence and high technology turnover rates. 8.20. NON EXCLUSIVITY, LICENSE FEE, IPR The license for the software product should be in the name of Government of Maharashtra and it should not restrict SETU, Maharashtra from using the licenses for any project of SETU, Maharashtra or any other departments at any point of time. 8.21. SOFTWARE OWNERSHIP RIGHTS 40
  41. 41. Procurement of Load Testing Software REQUEST FOR PROPOSAL The Bidder shall relinquish to SETU, Maharashtra the licenses along with adequate detailed documents for use of the product. 8.22. DATA OWNERSHIP RIGHTS The ownership of data arising from the project shall lie with SETU, Maharashtra, and the bidder needs to provide the data to SETU, Maharashtra in any readable format as desired by SETU, Maharashtra at any time during the course of the project and/or at the end of the project. 8.23. PATENT RIGHTS In the event of any claim asserted by a third party of infringement of copyright, patent, trademark or industrial design rights arising from the use of the Goods or any part thereof, the Bidder shall expeditiously extinguish such claim. If the Bidder fails to comply and SETU, Maharashtra is required to pay compensation to a third party resulting from such infringement, the Bidder shall be responsible for the compensation including all expenses, court costs and lawyer fees. SETU, Maharashtra will give notice to the Bidder of such claim, if it is made, without delay. 8.24. BID OPENING SETU, Maharashtra will open the ‘Technical’ bids and list them for further evaluation. The ‘commercial bid’ covers shall be listed and shall not be opened until the evaluation of the ‘Technical bid’. The commercial bids of only those bidders who qualify in technical evaluation will be opened. The bids will be opened in the presence of representatives of the bidder(s) (if they are present). 8.25. MANPOWER DEPLOYMENT Bidder must submit resumes of the personnel who would be employed for this project. Any change in the personnel on the project will require the prior approval of SETU, Maharashtra. 8.26. TERMINATION FOR DEFAULT SETU, Maharashtra may, without prejudice to any other remedy for breach of contract by written notice of default sent to the bidder, terminate the contract in whole or in part: 41
  42. 42. Procurement of Load Testing Software REQUEST FOR PROPOSAL 8.26.1. If the bidder fails to deliver any or all of the equipments and services within the time period(s) specified in the contract, or any extension thereof granted by SETU, Maharashtra OR 8.26.2. If the bidder fails to perform any other obligation(s) under the contract 8.27. TERMINATION FOR INSOLVENCY SETU, Maharashtra may at any time terminate the contract by giving written notice to the bidder, without compensation to the bidder, if the bidder becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to SETU, Maharashtra. 8.28. FORCE MAJEURE 8.28.1. The bidder shall not be liable for penalty, liquidated damages or termination for default, if and to the extent that, his delay in performance or other failure to perform his obligations under the contract is the result of an event of Force Majorie. 8.28.2. For purposes of this clause, “Force Majorie” means an event beyond the control of the bidder and not involving the bidder and not involving the bidder’s fault or negligence and not foreseeable. Such events may include, but are not restricted to, instances of, wars or revolutions, fires, floods, epidemics, quarantine restrictions and freight embargoes which would have an impact on SETU, Maharashtra. 8.28.3. If a Force Majorie situation arises, the bidder shall promptly notify SETU, Maharashtra in writing of such conditions and the cause thereof. Unless otherwise directed by SETU, Maharashtra, the bidder shall seek all reasonable alternative means for performance not prevented by the Force Majorie event. 8.29. FORCE MAJEURE EVENTS The Force Majorie circumstances and events shall include the following events to the extent that such events or their consequences (it being understood that if a causing event is within the reasonable control of the affected party, the direct consequences shall also be deemed to be within such party's reasonable control) satisfy the appropriate definition as 42
  43. 43. Procurement of Load Testing Software REQUEST FOR PROPOSAL per this agreement. Without limitation to the generality of the foregoing, Force Majorie Event shall include the following classes of events and circumstances and their effects: 8.29.1. Natural events (“Natural Events”) to the extent they satisfy the foregoing requirements including: 8.29.1.1. Any material effect on the natural elements, including lightning, fire, earthquake, cyclone, flood, storm, tornado, or typhoon; 8.29.1.2. Explosion or chemical contamination (other than resulting from an act of war); 8.29.1.3. Epidemic such as plague; 8.29.1.4. Any event or circumstance of a nature analogous to any of the foregoing. 8.29.2. Other Events (“Political Events”) to the extent that they satisfy the foregoing requirements including: 8.29.2.1. Act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, civil commotion, act of terrorism or sabotage; 8.29.2.2. Strikes, work to rules, go-slows which are either widespread, nation-wide, or state-wide and are of political nature; 8.29.2.3. Any event or circumstance of a nature analogous to any of the foregoing. 8.30. RESOLUTION OF CONFLICTS 8.30.1. SETU, Maharashtra and the successful bidder shall make every effort to resolve amicably by direct informal negotiation, any disagreement or dispute, arising between them under or in connection with the contract. 8.30.2. If the dispute can’t be resolved amicably by direct informal negotiation between SETU, Maharashtra and the successful bidder, then the same can be referred to Technical Expert Committee constituted by SETU, Maharashtra at the start of the project with Members of eminent Public Institutions and the Members having experience in fields related to Computer Science, IT etc in writing within 30 calendar days of dispute arise. Technical Expert Committee should propose an 43
  44. 44. Procurement of Load Testing Software REQUEST FOR PROPOSAL amicable solution to the dispute within 60 calendar days of receiving the written application (mentioning the dispute). 8.30.3. If the proposed resolution given by the Technical Expert Committee is not acceptable to any of the parties (SETU, Maharashtra or the successful bidder), then the objection to the same can be referred to the award of arbitrators, which will be appointed in accordance to The Arbitration and Conciliation Act, 1996. The rules there under and any statutory modification or re-enactments thereof made till the date of signing of contract, shall apply to the arbitration proceedings. 8.31. LAWS The terms of this RFP and the contract shall be governed by the Indian laws under the exclusive jurisdiction of the competent courts in Mumbai 8.32. NOTICES 8.32.1. Any notice by one party to the other pursuant to the contract shall be sent in writing by registered post only to the addresses as defined under this contract. 8.32.2. A notice shall be effective when delivered or on the notice’s effective date, whichever is later. 8.33. DEDUCTION Payments shall be subject to any deductions (such as TDS etc.) of any amount, for which the bidder is liable under the agreement against this RFP. 8.34. LIMITATION OF LIABILITY Bidder’s cumulative liability for its obligations under the contract shall not exceed the contract value and the bidder shall not be liable for incidental, consequential, or indirect damages including loss of profit or saving 8.35. CONFIDENTIALITY 8.35.1. Bidder understands and agrees that all data, materials and information marked and identified by SETU, Maharashtra as ‘Confidential’ are valuable assets of SETU, 44
  45. 45. Procurement of Load Testing Software REQUEST FOR PROPOSAL Maharashtra and are to be considered SETU, Maharashtra's proprietary information and property. 8.35.2. Bidder will treat all confidential data, materials and information provided by SETU, Maharashtra with the highest degree of care necessary to insure that unauthorized disclosure does not occur. Bidder will not use or disclose any data, materials or information provided by SETU, Maharashtra without SETU, Maharashtra's prior written approval. Bidder shall not be liable for disclosure or use of any materials or information provided by SETU, Maharashtra or developed by Bidder which is: • Possessed by Bidder prior to receipt from SETU, Maharashtra, other than through prior disclosure by SETU, Maharashtra, as documented by Bidder's written records; • Published or available to the general public otherwise than through a breach of Confidentiality; • Obtained by Bidder from a third party with a valid right to make such disclosure, provided that said third party is not under a confidentiality obligation to SETU, Maharashtra; • Developed independently by the bidder. 8.35.3. In the event that Bidder is required by judicial or administrative process to disclose any information or materials required to be held confidential hereunder, Bidder shall promptly notify SETU, Maharashtra and allow SETU, Maharashtra a reasonable time to oppose such process before making disclosure. 8.35.4. Bidder understands and agrees that any use or dissemination of information in violation of this Confidentiality Clause will cause SETU, Maharashtra irreparable harm, may leave SETU, Maharashtra with no adequate remedy at law and SETU, Maharashtra is entitled to seek to injunctive relief. 8.35.5. SETU, Maharashtra does not wish to receive any Confidential Information of Bidder, and Bidder agrees that it will first provide or disclose information which is not confidential. Only to the extent that SETU, Maharashtra requests Confidential Information from Bidder, will the bidder furnish or disclose Confidential Information. 45
  46. 46. Procurement of Load Testing Software REQUEST FOR PROPOSAL 8.35.6. Nothing herein shall be construed as granting to either party any right or license under any copyrights, inventions, or patents now or hereafter owned or controlled by the other party. 8.35.7. The requirements of use and confidentiality set forth herein shall survive the expiration, termination or cancellation of this contract. 8.35.8. Confidential Information disclosed under this contract shall be subject to confidentiality obligations for a period of 3 years following the initial date of disclosure. 8.35.9. Nothing contained in this contract shall limit the bidder from providing similar services to any third parties or reusing the skills, know-how, and experience gained by the employees in providing the services contemplated under this contract. 8.36. PERIOD OF VALIDITY OF BIDS 8.36.1. The bids shall be valid for a period of “SIX MONTHS” from the closing date for submission of the bid. A Bid valid for a shorter period may be rejected as non-responsive. Till completion of the validity period, unless the bidder withdraws his bid in writing, it will be deemed to be valid until such time that the bidder formally (in writing) withdraws his bid. 8.36.2. In exceptional circumstances, at its discretion, SETU, Maharashtra may solicit the Bidder's consent to an extension of the period of validity. The request and the responses thereto shall be made in writing (or by fax or email). 8.37. AUDIT SETU, Maharashtra reserves the right to audit at any point of time, the work of the bidder related to the project through its internal team or any other third party consultant or auditor. 8.38. CHANGE MANAGEMENT 46
  47. 47. Procurement of Load Testing Software REQUEST FOR PROPOSAL 8.38.1. SETU, Maharashtra may at any time, by written order given to the Successful Bidder, make changes within the general scope of the Contract. If any such change causes an increase or decrease in the cost of, and/or the time required for the Successful Bidder’s performance of any provisions under the Contract, an equitable adjustments shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. 8.38.2. If the proposed change increases the project cost by more than 10%, then it would be considered as a separate project, and not a change request within the same project. 8.38.3. Any claims by the Successful Bidder for adjustment under this clause must be asserted within thirty (30) days from the date of the Successful Bidder’s receipt of SETU, Maharashtra’s change order. 8.38.4. All such claims shall be validated and finalized by the Technical Expert Committee constituted by SETU, Maharashtra with Members of eminent Public Institutions and the Members having experience in related fields. The rate applicable for such adjustment is as fixed by Commercial Bid (format given in the RFP). 47
  48. 48. Procurement of Load Testing Software REQUEST FOR PROPOSAL CHAPTER- 9 Annexure 48
  49. 49. Procurement of Load Testing Software REQUEST FOR PROPOSAL 9. ANNEXURES ANNEXURE 1: TENDER OFFER FORM (TOF) Date: _________ Tender Reference No.: To Member Secretary, SETU, Maharashtra, Directorate of Information Technology, 7th Floor, Mantralaya, Mumbai 400 032 Sub: TENDER DOCUMENT FOR PARTICIPATION IN THE TENDER PROCESS FOR Procurement of Load Testing Software Dear Madam, Having examined the tender documents including all Annexure the receipt of which is hereby duly acknowledged, we, the undersigned, offer to work for Procurement of Load Testing Software for SETU, Maharashtra as mentioned in the Scope of the work as required by SETU, Maharashtra in conformity with the said tender documents. I/ We undertake that the Prices are in conformity with the specifications prescribed. The quote is inclusive of all costs likely to be incurred for executing this work. I/ we undertake, if our tender offer is accepted to perform in accordance with the time schedule specified in the Tender. If our Bid is accepted we shall submit the performance guarantee of bank as mentioned in the RFP for the due performance of the Contract during the Contract period at the time of signing of Agreement in the Form prescribed by the Tendering Authority. 49
  50. 50. Procurement of Load Testing Software REQUEST FOR PROPOSAL I / We agree to abide by this Bid for the period of 180 days after the date fixed for Bid opening and it shall remain binding upon us and may be accepted at any time before the expiry of that period. Until a formal contract is prepared and executed, this Bid offers, together with your written acceptance thereof and your notification of award shall constitute a binding contract between us. We understand that you are not bound to accept the bidder with the highest score or any offer you may receive. We agree to the terms and conditions mentioned in the Tender Document. Dated this ____ day of ________________ Signature: ________________________________ (In the Capacity of: ) ____________________________ Duly authorized to sign the tender offer for and on behalf of 50
  51. 51. Procurement of Load Testing Software REQUEST FOR PROPOSAL ANNEXURE 2: BIDDER'S AUTHORISATION CERTIFICATE To, Member Secretary, SETU, Maharashtra, Directorate of Information Technology, 7th Floor, Mantralaya, Mumbai 400 032 < Bidder's Name>---------------------------------------< Designation>----------------------------------- is hereby authorized to sign relevant documents on behalf of the Company in dealing with Tender of reference<Tender No. and Date>----------------------------------------. He is also authorized to attend meetings and submit Technical and Commercial information as may be required by you in the course of processing above said tender. Thanking you, Authorized Signatory <Name> Seal ---------------------------- This tender document is not transferable 51
  52. 52. Procurement of Load Testing Software REQUEST FOR PROPOSAL ANNEXURE 3: SELF-DECLARATION Ref.-------- Date: - To, Member Secretary, SETU, Maharashtra, Directorate of Information Technology, 7th Floor, Mantralaya, Mumbai 400 032 In response to the tender No.-----------------------------------------dated-----------of Ref.-------------- - as an owner/Partner/Director of-----------------------------. I/We hereby declare that our Agency--------------- is having unblemished past record and was not declared ineligible for corrupt and fraudulent practices either indefinitely or for a particular period of time. Also, I/We hereby declare that our Agency--------------- does not have any connection with employees at SETU, Maharashtra, its Consultant and the Technical Committee appointed by SETU, Maharashtra for guidance relating this project. Name of the Tenderer: - Signature: - Seal of the Organization: - 52
  53. 53. Procurement of Load Testing Software REQUEST FOR PROPOSAL ANNEXURE 4: DETAILS OF BIDDER Please ensure that your response clearly answers all the questions. If you use additional schedules or documentation to support your response, make sure that they are clearly cross-referenced to the relevant question. A. General Profile of the Company Name and Address of the Company With Telephone Nos., Fax, E-mail and Website Date of Incorporation (with document evidence for Certificate of Incorporation) Offices situated at different locations Address of office/facilities in India Address of Office in Maharashtra Turn over for last three years (Audited Annual Accounts and Annual Reports of three accounting years to be submitted) Turnover from software testing, supply of testing software in each of the last two financial year 2007-08, 2008-09 (with document evidence) Net worth as on 31st Mar 2009 (with document evidence) Sales Tax / Service Tax Registration Number (with document evidence) PAN NO (with document evidence) Number of IT resources with the 53
  54. 54. Procurement of Load Testing Software REQUEST FOR PROPOSAL organization as on 31st March 09 (with document evidence) Authorized Signatory <Name> Seal ---------------------------- B. Project Details (last 3 years) The bidder should provide details of the projects executed in software testing projects in the last 3 years Sl. No. Name, Address Brief Period/ Platform/ Total Value and Ph No. of project Date of Environment of the client details contract /Technology Contract and tenure used (Separate sheets may be attached to elaborate the projects undertaken) Note:- Please enclose Work-orders along with Completion Certificates / Client's Testimonial given by concerned organizations or for whom work is done for Annexure 4 B and C. C. Quality Certificate Sl. No. Name of the Certified by Date of Certificate getting Valid upto 54
  55. 55. Procurement of Load Testing Software REQUEST FOR PROPOSAL certificate certification date (Attach copies of the certificate) D. Awards/Certificates for products/services Sl. No. Name of the Certified by/ Date of getting Field of award certificate Awarded by certification/award (Software/ Hardware etc) E. Name and Details of the person to whom all references shall be made regarding the tender Name: Telephone: Fax No.: E-mail: Mobile: Place: Signature: Date: Company Seal Pl. Note: 1. In-adequate information could lead to disqualification of the bid. 2. All items should be supported by proper documents. 55
  56. 56. Procurement of Load Testing Software REQUEST FOR PROPOSAL ANNEXURE 5: DETAILS OF MANPOWER (A) MANPOWER DEPLOYMENT SCHEDULE (Only give time deployment schedule indicating full time/part-time deployment without quoting any cost. The cost shall be given in Annexure-8 only) (1) Project Manager/Leader: - (2) Lead tester(s): - (Number of Members in Team) (3) Tester(s): - (Number of Members in Team) (4) Others:- (Number of Members in Team) Note: - If for any reason beyond the reasonable control of the successful bidder, it becomes necessary to replace any of the personnel, the successful bidder shall forthwith provide as a replacement of a person of equivalent or better qualification. 56
  57. 57. Procurement of Load Testing Software REQUEST FOR PROPOSAL (B) Resumes of resources (Use the format given below for each individual) Sr.No Item Details Attachment Reference for additional information 1 Name 2 Role in the project 3 Current job title and responsibilities 4 Experience in years 5 Number of years with the organization 6 Summary of Professional and Domain experience 7 Skill-sets 8 Highlights of similar assignments handled 9 Education background 10 Training and Certifications Signature of staff: Date: -------------- Place: ------------- Signature of authorized person from bidder firm: - Seal of the Organization 57
  58. 58. Procurement of Load Testing Software REQUEST FOR PROPOSAL ANNEXURE 6: BID SECUITY FORM Whereas ________________________________________(hereinafter called "the Bidder") has submitted its tender offer dated ________2010 for the supply of ____________________(hereinafter called "the tender") KNOW ALL MEN by these presents that WE_________________ ___________________ ____ _____of ________________________ _______________ (hereinafter called the Bank:) are bound upto ______ ____________ ____________________________ (hereinafter called "SETU Maharashtra") in the sum of _________________ ___________for which payment well and truly to be made to the said Purchaser, the Bank binds itself, its successors and assigns by these presents. Sealed with the Common Seal of the Said Bank this ___________ day of ________2010. THE CONDITIONS of this obligation are: If the Bidder withdraws its tender during the period of tender validity specified by the Bidder on the Tender Form; or If the Bidder, having been notified of the acceptance of its tender by the SETU, Maharashtra during the period of tender validity: fails or refuses to execute the contract Form if required; or fails or refuses to furnish the Performance Security, in accordance with the instruction given in tender document; We undertake to pay SETU, Maharashtra up to the above amount upon receipt of its first written demand, without the SETU, Maharashtra having to substantiate its demand, provided that in its demand SETU, Maharashtra shall note that the amount claimed by it is due it owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee shall remain in force up to and including and any demand in respect thereof should reach the Bank not later than the above date __________________________ (Signature of the Bank) 58
  59. 59. Procurement of Load Testing Software REQUEST FOR PROPOSAL ANNEXURE 7: PRE QUALIFICATION CHECKLIST Sl. No. Item Response of the Bidder Section Page No. 1 Number of years in business 2 Annual turnover of Rs. 5 Crores from software testing, supply of testing software in each of the last two financial year 2007-08, 2008-09 5 Net worth as on 31st Mar 2009 6 The bidder should have provided software testing services to minimum one (1) Government/ public sector client in India in the last 2 years 7 The Bidder must have an office in Maharashtra 8 Bidder must have an overall IT staff strength performing the activities of software testing of at least 50 personnel as on 31-03-2009 59
  60. 60. Procurement of Load Testing Software REQUEST FOR PROPOSAL ANNEXURE 8: PRICE SCHEDULE (PS) [To be part of Envelope 2] To, Member Secretary, SETU, Maharashtra, Directorate of Information Technology, 7th Floor, Mantralaya, Mumbai 400 032 Sub: TENDER DOCUMENT FOR PARTICIPATION IN THE TENDER PROCESS FOR Procurement of Load Testing Software Madam, We declare: i) That we are sole owner/authorized agents/ of ………………………………………………………….. ……..……………………………………………….. That we/the undersigned agency is equipped with adequate hardware/software and other facilities required for providing services and our establishment is open for inspection by the representatives of SETU, Maharashtra We hereby offer to provide Services at the prices and rates mentioned in the financial bid enclosed. We do hereby undertake, that, In the event of acceptance of our bid, the services shall be provided as stipulated in the work order and the tender terms and conditions to the Bid and that we shall perform the entire incidental services. The prices quoted are inclusive of all charges inclusive of traveling; hardware (if any) /software/ manpower etc. for providing the desired services for SETU, Maharashtra. We agree to abide by our offer a period of 180 days from the date fixed for opening of the tenders and what we shall remain bound by a communication within that time. We have carefully read and understood the terms and conditions of the tender and the conditions of the contract applicable to the tender and we do hereby undertake to provide the services as per these terms and condition. 60
  61. 61. Procurement of Load Testing Software REQUEST FOR PROPOSAL We do hereby undertake, that, until a formal contract is prepared and executed, this bid, together with your written acceptance thereof, the tender document and placement of letter of intent awarding the contract, shall constitute a binding contract between us. : Dated: Signature: Name of Agency: Company Seal Encl: Price Schedule Full Address: 61
  62. 62. Procurement of Load Testing Software REQUEST FOR PROPOSAL FORMAT FOR QUOTING PRICE - [To be part of Envelope 2] Price A: Procurement of Load Testing software Sr. Cost Item Unit Cost No of Total Amount (In No. (In INR) Units INR) In Figs. In Words 1 Core software module for load testing (if any) – Perpetual license 2 Perpetual license for 500 virtual users for testing 3 Installation, Commissioning, testing, training 4 AMC for 5 years, providing all updates, upgrades, patches 5 Others, if any (Give details of each expense and justification of its applicability for the project) 6 TOTAL Price B: Performing Testing for every testing occurrence (*) Sr. Line Item Unit CostNo of Total Amount (In No. (In INR/ Man- INR) Man- Month In Figs. In Month) Words 1 Project Manager/Lead Tester 2 Tester 3 Others (mention details) 4 Travel and Miscellaneous NA NA expenses (Give details of each 62
  63. 63. Procurement of Load Testing Software REQUEST FOR PROPOSAL expense) ** 5 TOTAL Note – The Cost should be inclusive of any applicable relevant tax The Total Price to be considered for Commercial Evaluation is Price A + 50X(Price B) * One occurrence of a performance testing would include the following (at a minimum)- Initial testing with the desired load and identification of areas of improvement, Final testing with the desired load after all the recommendations have been incorporated, all required test reports and results in the format desired by SETU, Maharashtra ** The Travel and Miscellaneous expenses should not exceed more than 5% of Price B. IMPORTANT – (1) It is assumed that 50 such instances of testing is to be conducted in the period of 5 years, and hence a factor of 50 is to be used for Commercial Evaluation. However, the payment to be made to the successful bidder shall be based on actual. SETU, Maharashtra doesn’t give any guarantee regarding the number of instances of testing to be conducted during the five year period. (2) All testing instances may not require full-time deployment of all type of resources. Bidders need to factor in the same in the commercial bid 63
  64. 64. Procurement of Load Testing Software REQUEST FOR PROPOSAL ANNEXURE 9: ENVELOPE CONTRACT FORMAT THIS AGREEMENT made the _________ day of __________2010 BETWEEN SETU, Maharashtra having its office at 7th floor, Mantralaya, Mumbai – 400 032. (hereinafter referred to as “SETU, Maharashtra”) which expression shall unless repugnant to the context or meaning thereof mean and be deemed to include its authorized agents, representatives and permitted assigns of the First Part. AND <Name of the Successful Bidder / Vendor> (hereinafter referred to as the “Contractor”) which expression shall unless repugnant to the context or meaning thereof mean and be deemed to include their successors and permitted assigns having its corporate office at <Office / communication address of the Bidder / Vendor> of the Second Part. WHEREAS the contractor has tendered for providing services to SETU, Maharashtra as per the terms and conditions mentioned in the <Provide Reference to the Annexure of the RFP containing the contract> of the Requst for Proposal (from herein after referred to as “RFP”) document at a value of Rs. <Amount> /- (Rupees <amount in Words> only) as per the Commercial Bid submitted in response to the RFP. Whereas such tender has been accepted and the contractor has deposited / provided Bank Guarantee to SETU, Maharashtra for the sum of Rs. <Amount> /- (Rupees <Amount> only) as security for the fulfillment of this Agreement. NOW IT IS HEREBY AGREED between the parties hereto as follows: The contractor has accepted the contract on the terms and conditions set out in the tender notice No: <Tender Document Number> dated <Date> as well all response to queries via email dated <dates of all Communication> and corrigendum issued on <dates of all corrigendum> which shall hold good during period of this agreement. 64
  65. 65. Procurement of Load Testing Software REQUEST FOR PROPOSAL Refund of deposit shall be based on the timelines, terms and conditions as has been specified in the RFP and shall form a part of the contract. In absence of any timeline specified the deposit shall after the expiration of 24 months from the date of efflux of the contract, be returned to the contractor but without interest and after deducting there from any sum due by the contractor to SETU, Maharashtra under the terms and conditions of this agreement. This agreement shall remain in force until the expiry of <period of Contract> months from the date of entering into the contract or the end of <any time period of the validity of the contract as specified in the RFP>, whichever is later, but SETU, Maharashtra may cancel the contract at any time upon giving one months notice in writing without compensating the contractor. In witness whereof the said Contractor hath set his hand hereto and the Government of Maharashtra has affixed his hand and seal thereto the day and year first above written. All terms and conditions as specified in the RFP, clarifications issued and corrigendum issued in regards to the Ref. No. : <Tender document Number> as has been mentioned above in the document shall stand inforce unless has be expressly agreed to in writing by both the parties. The Contractor shall be responsible to abide and shall be liable to deliver at bear minimum to the requirements as has been specified to in the RFP, clarifications issued and corrigendum issued in regards to the Ref. No. : <Tender document Number> as has been mentioned above and any higher deliverables as has been committed to by the Contractor in the Proposal or any subsequent document submitted & accepted by SETU, Maharashtra as part of award of the Contract. The following documents shall be deemed to form and be read and construed as part of this Agreement viz: <Reference to be drawn to all relevant documents such as RFP, Queries, Clarifications, Corrigendum, Technical/Commercial Bid, Any Letters/Communications from SETU, Maharashtra /Contractor> 65
  66. 66. Procurement of Load Testing Software REQUEST FOR PROPOSAL IN WITNESS whereof the parties hereto have signed this on the _______day, _______month and _________year first herein above written. Signed, sealed and delivered By Mrs. Vijayalakshmi Bidari Prasanna Member Secretary For and on behalf of SETU, Maharashtra Signed, sealed and delivered By ------------------------------------ For and on behalf of “<Contract> ” Witnesses : (1) (2) 66
  67. 67. Procurement of Load Testing Software REQUEST FOR PROPOSAL ANNEXURE 10: PERFORMANCE SECURITY FORM To: (Name of Indenter) WHEREAS ___________________________________________________ (Name of Bidder) hereinafter called "the tenderer” has undertaken, Contract No.________________________ dated, __________________2010 to render services hereinafter called "the Contract". AND WHEREAS it has been stipulated by you in the said Contract that the Bidder shall furnish you with a bank Guarantee by a recognized bank for the sum specified therein as security for compliance with the Bidder's performance obligations in accordance with the Contract. AND WHEREAS we have agreed to give the Bidder a guarantee: THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf of the Bidder, up to a total of_________________________________(Amount of the guarantee in Words and Figures) and we undertake to pay you, upon your first written demand declaring the Bidder to be in default under the contract and without cavil or argument, any sum or sums within the limit of ___________________________ as aforesaid, without your needing to prove or to show this grounds or reasons for your demand or the sum specified therein. This guarantee is valid until the ___________ day of ______________ 2010 Signature and Seal of Guarantors ________________________________ ________________________________ Date ____________________________ Address: _________________________ 67
  68. 68. Procurement of Load Testing Software REQUEST FOR PROPOSAL ANNEXURE 11: FORMAT FOR ‘REQUEST FOR CLARIFICATION’ Bidders are requested to use the following format: GoM SETU, Maharashtra Performance testing Bidder’s Request for software Clarification Name of Organization Name & position of person Full formal address of submitting request submitting request the organization including phone, fax and email points of contact Tel: Fax: Email: Bidding Document Content of RFP requiring Points of clarification Reference(s) (section Clarification required number/ page) 68

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