Business proposal software testing6

Procurement of Load Testing Software

SETU Maharashtra

Request For Proposal

Tender No. DIT-2010/File No 51/39

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

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CHAPTER- 1

Important Notice

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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.

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CHAPTER- 2
Essential Information

5


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

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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,
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
Tel. No. 022-22837263 / 22044586

Date, Time and Place for Opening of Technical Bids 22nd April 2010
SETU, Maharashtra, 4.30 PM IST
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

Tel. No. 022-22837263 / 22044586

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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

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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.

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CHAPTER- 3
Scope of Work

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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

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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.

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CHAPTER- 4

SLA

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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

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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 –

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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.

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CHAPTER- 5
Evaluation Methodology

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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

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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

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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,

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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

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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

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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.

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CHAPTER- 6
Award of Contract

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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

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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.

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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

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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.

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CHAPTER- 7
Payment Terms for
Successful Bidders

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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.

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CHAPTER- 8
Instruction to Bidders

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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,
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.

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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,
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


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


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


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


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


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


• 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


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


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


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


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


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


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


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


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


CHAPTER- 9

Annexure

48


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

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


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


ANNEXURE 2: BIDDER'S AUTHORISATION CERTIFICATE

To,
Member Secretary,
SETU, Maharashtra,
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


ANNEXURE 3: SELF-DECLARATION

Ref.--------
Date: -

To,
Member Secretary,
SETU, Maharashtra,
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


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


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


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


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): -

(4) Others:-

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


(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


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


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


ANNEXURE 8: PRICE SCHEDULE (PS) [To be part of Envelope 2]

To,
Member Secretary,
SETU, Maharashtra,
Mumbai 400 032

Sub: TENDER DOCUMENT FOR PARTICIPATION IN THE TENDER PROCESS FOR

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


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


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


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


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


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


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


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


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


ANNEXURE 12: Functionality for Technical Evaluation

Testing Product should Comply all these features

Sr. No. Functionality Compliance (Y/N)
Directly Can be Not possible
from tool achieved from to provide
additional tools the feature
or software
development
1. Scripts can be recorded from client
application.
2. Should use non-proprietary programming
language for creating test scripts.
3. Should use secure communication channel
between load generating machines and test
controller machine
4. Should support testing of following
environments/protocols : HTTP, Web
Services, Web2.0,Flash, Flex,.NET, Java,
POP3, IMAP, DNS
5. Should display snapshot of screen next to
each recorded step for easy understanding
and debugging of generated test scripts
6. The testing tool should provide automatic test
data retrieval from back-end database for data
driven testing of applications
7. Should provide the ability to randomize test
data inputs through the user interface
8. Test Script recording should capture the user
“think-time” and allow think-time to be
randomized during the load testing to emulate
actual user behavior

69


9. Test Scripts are presented in both GUI-
based/icon-based test trees and text formats
for easy understanding and advanced editing
of scripts respectively
10. Test Script editor should provide support for
server’s dynamic data correlation on the fly
11. Should support IP Spoofing of Virtual Users to
test load balancing algorithms
12. Should allow selection of different network
bandwidth, emulating analog modems, ISDN,
DSL, or custom bandwidth for understanding
transaction response times
13. Should integrate with a test management tool
for script storage
14. Should integrate with third party software for
WAN Emulation to test point to point
performance of WAN deployed application
15. Uses a suite of integrated performance
monitors to quickly isolate system bottlenecks
without having to install any data capturing
agents on the monitored servers/components
within the systems architecture.
16. Performance monitor shall include but not
limited to the followings: Client-side Monitors,
Virtual User Status, User-defined Data Point,
Transaction Response Time, Transaction per
Second (Passed), Transaction per Second
(Failed), Download per Second, throughput,
hits per second, connections per second, web
page diagnostics, page component
breakdown
17. Should provide Network delay monitor for a
breakdown of the network segments between

70


client and server, as well as network delays
18. Should enable running virtual users and
monitoring key server resources over a
firewall without opening up a wide range of
ports
19. Provides the ability to build goal oriented load
scenarios e.g. trans/sec or transaction
response time in addition to concurrent user
scenarios for target applications
20. Includes Auto-Load technology allows you to
pre-define your testing objectives beyond the
number of concurrent users to streamline the
testing process
21. Enable setting of SLA’s and monitor against
collected performance data
22. Processes the data and generates an off-line
graph for each measurement that was
monitored during the load test
23. Aggregates the data being generated using
either built-in data aggregation formulas, or
aggregation settings that you define
24. Provide flexibility to allow user to perform
custom correlation between test result metrics
to arrive at reasons for slow transactions
25. Able to access results of multiple test runs the
same time to display correlation between
different test runs and trend these
measurements
26. Detect similar trends among measurements
by auto-correlating a measurement in one
graph with measurements in other graphs.
27. Able to capture and store test results that are
huge in file size into industry standard

71


Relational Database server.
28. Should provide ability to generate report from
the load testing analysis graph into HTML and
MSWord (doc) format
29. Should provide ability to re-use test scripts in
Operations solution from the same OEM
Vendor in their production environment
30 Should provide facility to help to drill/diagnose
to the application level issues which may have
resulted in degradation of performance

72

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