BMC AI Skills Solution Bid Notice
BMC AI Skills Solution Bid Notice
BID NOTICE
1. The Commissioner of Brihanmumbai Municipal Corporation invites e-bids for the work mentioned below. The bid
copy can be downloaded from Mahatenders portal (https://mahatenders.gov.in/nicgep/app) -> “Tenders by
Organisation” tab -> Municipal Corporation of Greater Mumbai.
2. All interested Bidders, whether already registered or not registered in BMC, are mandated to get registered with
Mahatenders for e-Tendering process and obtain Login Credentials to participate in the Online bidding process. The
details of the same are available on the above-mentioned Mahatenders portal under 'Help For Contractors'. And also
get registered with BMC to obtain Vendor Code for further process
3. The Bidders can get digital signatures from any one of the certifying Authorities (CA's) licensed by the Controller
of Certifying Authorities namely Safescrypt, IDRBT, National Informatics Centre, TCS, Customs, MTNL GNFC
and e-Mudhra. A list of CAs is available on https://cca.gov.in/licensed_ca.html
4. The technical and commercial bids shall be submitted online up to the end date & time mentioned below.
Note: Last date for online payment of Bid Security / Earnest money Deposit (EMD) is before due / end date & time for
online Bid Submission prescribed above.
5. The pre-bid meeting will be held on 22.03.2024 at 15.00 hours, at venue – Office of Director (IT), Worli Data
Center, Engineering Hub Building, Dr. E. Moses Road, Worli, Mumbai-400018.
6. The prospective Bidder(s) should submit their suggestions/observations, if any, by email to [email protected]
with a copy to [email protected] before 2 days of Pre-bid meeting. Only suggestions / observations received
by email will be discussed and clarified in pre-bid meeting and any modification of the bidding documents, which
may become necessary as a result of pre-bid meeting, shall be made by BMC exclusively through the issue of an
addendum/corrigendum and shall be published on https://mahatenders.gov.in/nicgep/app.
7. Bidders shall note that any corrigendum issued regarding this E-Procurement notice will be published on the
https://mahatenders.gov.in/nicgep/app portal only. No corrigendum will be published in the local newspapers.
8. The Bid document uploaded shall be read in conjunction with any addendum / corrigendum. A maximum of two
authorized representatives of prospective Bidder(s), who have an authorization letter to attend the pre-bid meeting,
can attend the pre-bid meeting and obtain clarification regarding specifications, works & Bid conditions.
9. The Bidder shall have to pay "Scrutiny Fee" through offline payment via challan to CFC (Citizen Facilitation
Center) of BMC before refund of Bid Security.
10. The Bidder shall have to pay Bid Security / Earnest Money Deposit (EMD) through online payment only.
Note: - No Exemption will be allowed for the Bidders having a standing deposit with BMC.
11. Bidder agencies are advised to study this bid document carefully before submitting their bids in response to the Bid
Notice. Submission of a bid in response to this notice shall be deemed to have been made after careful study and
examination of this document with full understanding of its terms, conditions and implications.
12. This bid document is non-transferable.
13. A three-envelope (prequalification, technical qualification and commercial offer) selection procedure shall be
adopted.
14. Bidder (authorized signatory) shall submit their offer online in electronic formats of technical (including
prequalification documents) and financial proposal.
15. BMC will not be responsible for delays in online submission due to any reason. For this, bidders are advised to
upload the complete bid proposal well in advance before the due date and time so as to avoid issues like slow speed,
choking of web site due to heavy load or any other unforeseen problems.
16. Bidders are also advised to refer to “Bidders Manual Kit” and Help for Contractors available at
https://mahatenders.gov.in/nicgep/app for further details about the e-tendering process.
17. For any assistance on use of eTendering system, kindly contact helpdesk number 0120- 4001002/4001005/6277787,
Email: [email protected]
18. The Authority (BMC) shall not be liable for any omission, mistake or error in respect of any of the above or on
account of any matter or thing arising out of or concerning or relating to the Bid or the Bidding Process, including
any error or mistake therein or in any information or data given by the Authority.
19. The Municipal Commissioner reserves the right to reject all or any of the e-Bid(s) without assigning any reason at
any stage.
Sd/-
Director (IT)
Contents
Notice Inviting Tender (NIT).......................................................................................................................................................2
Part I – Bidding Procedures........................................................................................................................................................13
Section I - Instructions to Bidders..............................................................................................................................................13
A. General.....................................................................................................................................................................13
1. Scope of Bid..................................................................................................................................................................13
2. Fraud and Corruption................................................................................................................................................13
3. Eligible Bidders.........................................................................................................................................................15
4. Qualification of the Bidder........................................................................................................................................16
5. Code of integrity........................................................................................................................................................16
B. Contents of Bidding Document................................................................................................................................16
6. Sections of Bidding Document.................................................................................................................................16
7. Clarification of Bidding Document, Site Visit, Pre-bid Meeting..............................................................................17
8. Amendment to the Bidding Document......................................................................................................................18
C. Preparation of Bids...................................................................................................................................................19
9. Cost of Bidding.........................................................................................................................................................19
10. Language of Bid...................................................................................................................................................19
11. Documents Comprising the Bid............................................................................................................................19
12. Letter of Bid and Price Schedule..........................................................................................................................19
13. Alternative Bids....................................................................................................................................................20
14. Documents Establishing the Eligibility and Qualifications of the Bidder............................................................20
15. Documents Establishing Conformity of the Information System.........................................................................20
16. Bid Prices..............................................................................................................................................................21
17. Currencies of Bid and Payment............................................................................................................................22
18. Period of Validity of Bids.....................................................................................................................................22
19. Bid Security..........................................................................................................................................................22
20. Format and Signing of Bid...................................................................................................................................23
D. Submission and Opening of Bids.............................................................................................................................24
21. Submission of Bids...............................................................................................................................................24
22. Deadline for Submission of Bids..........................................................................................................................24
23. Late Bids...............................................................................................................................................................24
24. Withdrawal, Substitution and Modification of Bids.............................................................................................24
25. Bid Opening..........................................................................................................................................................24
E. Evaluation and Comparison of Bids.........................................................................................................................24
26. Confidentiality......................................................................................................................................................24
27. Clarification of Bids.............................................................................................................................................25
28. Deviations, Reservations, and Omissions.............................................................................................................25
29. Determination of Responsiveness.........................................................................................................................25
30. Nonconformities, Errors and Omissions...............................................................................................................26
22. Table of Legal, Stationery Charges, Stamp Duty, and List of Approved Banks for Submission of
Performance Security...................................................................................................................................................58
23. Contract Forms................................................................................................................................................60
1. Contract Agreement..................................................................................................................................................61
Appendix 1. Supplier’s Representative............................................................................................................................64
Appendix 2. Adjudicator..................................................................................................................................................64
Appendix 3. List of Approved Subcontractors.................................................................................................................65
Appendix 4. Categories of Software................................................................................................................................65
Appendix 5. Custom Materials.........................................................................................................................................66
Appendix 6. Revised Price Schedules..............................................................................................................................66
Appendix 7. Minutes of Contract Finalization Discussions and Agreed-to Contract Amendments................................67
2. Draft Non-Disclosure Agreement.................................................................................................................................67
3. Performance and Advance Payment Security Forms....................................................................................................72
1.1 Performance Security Form (Bank Guarantee)....................................................................................................72
1.2 Advance Payment Security..................................................................................................................................74
2. Letter of Acceptance.................................................................................................................................................75
5. Installation and Acceptance Certificates.......................................................................................................................76
5.1 Installation and Acceptance Certificates.....................................................................................................................76
5.2 Operational Acceptance Certificate............................................................................................................................77
6. Change Order Procedures and Forms...........................................................................................................................77
6.1 Request for Change Proposal Form........................................................................................................................78
6.2 Change Proposal Form.............................................................................................................................................79
6.3 Change Order Form..................................................................................................................................................81
6.4 Application for Change Proposal Form..................................................................................................................82
Part II – BMC’s Requirements...................................................................................................................................................83
Section V – BMC’s Requirements.............................................................................................................................................83
A. Background and Informational Materials..........................................................................................................83
A.1 Background........................................................................................................................................................................................ 83
A.2 Informational Materials................................................................................................................................................................. 89
B. Scope of Work........................................................................................................................................................91
1. Supply, Design, Development, Testing, Commissioning/Deployment of Software Application.. .91
2. Cloud Hosting Services....................................................................................................................... 91
3. Network Connectivity Services........................................................................................................... 91
4. Operations and Maintenance.............................................................................................................. 92
5. Training and Capacity Building.......................................................................................................... 92
6. Documentation and Version Control.................................................................................................. 92
7. Pre-Implementation Scope.................................................................................................................. 92
8. Implementation Scope......................................................................................................................... 92
9. Post Implementation Scope................................................................................................................ 93
C. Legal, Functional, Architectural, System Administration, Performance & Security Requirements...........95
Glossary
Sr. Abbreviations Expansion / Full Form / Sr. Abbreviations Expansion / Full Form /
No. and Acronyms Explanation/Description No. and Acronyms Explanation / Description
1 AMC Additional Municipal 31 ESIC Employees' State Insurance
Commissioner Corporation
2 API Application 32 FRS Functional Requirement
Programming Interface Specifications
3 BDS Bid Data Sheet 33 GBPS Gigabits Per Second
4 BEC Bid Evaluation 34 GCC General Conditions of Contract
Committee
5 BI Business Intelligence 35 GIGW Government of India Guidelines
for Websites
6 BMC Brihanmumbai 36 GIS Geographical Information System
Municipal Corporation
7 CE City Engineer 37 GRC Governance, Risk & Compliance
8 CA Current Assets 38 GST Goods & Services Tax
9 CC (BDS Page Carbon Copy 39 HOD Head of Department
31)
10 CERT-In Computer Emergency 40 HRM Human Resource Management
Response Team - India
11 CFC Citizen Facilitation 41 HTML Hypertext Markup Language
Centre
12 CGST Central Goods & 42 HTTP Hypertext Transfer Protocol
Services Tax
13 CL Current Liabilities 43 HTTPS Hypertext Transfer Protocol
Secured
14 CMMi Capability Maturity 44 HVAC Heating Ventilation & Air
Model Conditioning
15 COTS Customizable Off-The- 45 ICT Information & Communication
Shelf Software Technology
16 CPD Central Purchase 46 IDS Intrusion Detection System
Department
17 CPU Central Processing Unit 47 IEEE Institute of Electrical and
Electronics Engineers
18 CRM Customer Relationship 48 IIS Internet Information Server
Management
19 CSP Cloud Service Provider 49 INR Indian Rupee/s
20 CSS Cascaded Style Sheet 50 IP Internet Protocol
21 CSV Comma Separated 51 IPR Intellectual Property Rights
Values
22 DBMS Database Management 52 IPS Intrusion Prevention System
System
23 DC Data Centre 53 IPv4 Internet Protocol Version 4
24 DMC Deputy Municipal 54 IPv6 Internet Protocol Version 6
Commissioner
Sr. Abbreviations Expansion / Full Form / Sr. Abbreviations Expansion / Full Form /
No. and Acronyms Explanation/Description No. and Acronyms Explanation / Description
61 JDBC Java Database 91 RTO Recovery Time Objective
Connectivity
62 JPEG Joint Photographic 92 SD-WAN Software-Defined Wide Area
Experts Group Network
63 JSON Java Script Object 93 SEI Software Engineering Institute
Notation
64 JV Joint Venture 94 SGST State Goods & Services Tax
65 LDAP Lightweight Directory 95 SIEM Security Information & Event
Access Protocol Management
66 LLP Limited Liability 96 SITC Supply, Installation, Testing &
Partnership Commissioning
67 LOA Letter of Acceptance 97 SLA Service Level Agreement
68 LOI Letter of Intent 98 SMS Short Message Service
69 MBPS Megabits Per Second 99 SOA Service Oriented Architecture
70 MDM Mobile Device 100 SOAP Simple Object Access Protocol
Management
i. the term “in writing” means communicated in written form (e.g., by e-mail) with proof of receipt;
ii. if the context so requires, “singular” means “plural” and vice versa; and
iii. “Day” means calendar day, unless otherwise specified as “Business Day”. A Business Day is any day
that is an official working day of BMC. It excludes the BMC’s official public holidays;
b. While every effort has been made to provide comprehensive and accurate background information and
requirements and specifications, Bidders must form their own conclusions about the solution needed to meet
the requirements. Bidders and recipients of this RFB may wish to consult their own legal advisers in relation to
this RFB.
c. This RFB supersedes and replaces any previous public documentation & communications, and Bidders should
place no reliance on such communications.
d. No commitment of any kind, contractual or otherwise shall exist unless and until a formal written contract has
been executed by or on behalf of the BMC. Any notification of preferred Bidder status by the BMC shall not
give rise to any enforceable rights by the Bidder. BMC may cancel this public procurement at any time prior to
a formal written contract being executed by or on behalf of the BMC.
a. The Bidders/Bidders and their respective officers, employees, agents, and advisers shall observe the highest
standard of ethics during the Selection Process. Notwithstanding anything to the contrary contained in this
RFB, the BMC shall reject a Proposal without being liable in any manner whatsoever to the Bidder, if it
determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt practice,
fraudulent practice, coercive practice, undesirable practice, or restrictive practice (collectively the “Prohibited
Practices”) in the Selection Process. In such an event, the BMC shall, without prejudice to its any other rights
or remedies, forfeit and appropriate the Bid Security or Performance Security, as the case may be, as mutually
agreed genuine pre-estimated compensation and damages payable to the Authority for, inter alia, time, cost and
effort of the Authority, in regard to the RFB, including consideration and evaluation of such Bidder’s Proposal.
b. Without prejudice to the rights of the BMC under Clause above and the rights and remedies which the BMC
may have under the LOI or the Agreement, if an Bidder or Systems Supplier, as the case may be, is found by
the Authority to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Selection Process,
or after the issue of the LOI or the execution of the Agreement, such Bidder or Systems Supplier shall not be
eligible to participate in any Bid or RFB issued by the BMC during a period of two years from the date such
Bidder or Systems Supplier, as the case may be, is found by the BMC to have directly or through an agent,
engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice, as the case may be.
The BMC requires that; bidders (applicants/proposers), consultants, contractors and suppliers; any sub-
contractors, sub-consultants, service providers or suppliers; any agents (whether declared or not); and any
of their personnel, observe the highest standard of ethics during the procurement process, selection and contract
execution of BMC-financed contracts, and refrain from Fraud and Corruption.
a. To this end, the BMC:
Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly or indirectly, of anything
of value to influence the action of any person connected with the Selection Process (for avoidance of
doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or
indirectly, any official of the BMC who is or has been associated in any manner, directly or indirectly with
the Selection Process or the LOI or has dealt with matters concerning the Agreement or arising there from,
before or after the execution thereof, at any time prior to the expiry of one year from the date such official
resigns or retires from or otherwise ceases to be in the service of the BMC, shall be deemed to constitute
influencing the actions of a person connected with the Selection Process); or (ii) save as provided herein,
engaging in any manner whatsoever, whether during the Selection Process or after the issue of the LOA or
after the execution of the Agreement, as the case may be, any person in respect of any matter relating to the
Project or the LOA or the Agreement, who at any time has been or is a legal, financial or technical
consultant/ adviser of the BMC in relation to any matter concerning the Project;
ii. “fraudulent practice” is any act or omission, including misrepresentation, that knowingly or recklessly
misleads, or attempts to mislead, a party to obtain financial or other benefit or to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties designed to achieve an improper
purpose, including to influence improperly the actions of another party;
iv. “coercive practice” is impairing or harming, or threatening to impair or harm, directly or indirectly, any
party or the property of the party to influence improperly the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing of evidence material to the investigation
or making false statements to investigators in order to materially impede a BMC investigation into
allegations of a corrupt, fraudulent, coercive, or collusive practice; and/or threatening, harassing,
or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the
investigation or from pursuing the investigation; or
(b) acts intended to materially impede the exercise of the BMC’s inspection and audit rights provided
for under paragraph e. below.
vi. “undesirable practice” means (i) establishing contact with any person connected with or employed or
engaged by BMC with the objective of canvassing, lobbying or in any manner influencing or attempting to
influence the Selection Process; or (ii) having a Conflict of Interest; and
vii. “restrictive practice” means forming a cartel or arriving at any understanding or arrangement among
Bidders with the objective of restricting or manipulating a full and fair competition in the Selection Process.
b. Rejects a proposal for award if the BMC determines that the firm or individual recommended for award, any of
its personnel, or its agents, or its sub-consultants, sub-contractors, service providers, suppliers and/ or their
employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or obstructive
practices in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may take other appropriate actions,
including declaring mis-procurement, if the BMC determines at any time that representatives of the BMC or of a
recipient of any part of the proceeds of the project / subject work engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices during the procurement process, selection and/or execution of the contract in
question, without the BMC representative/s having taken timely and appropriate action satisfactory to the BMC
to address such practices when they occur, including by failing to inform the BMC in a timely manner at the
time they knew of the practices;
d. Pursuant to the BMC’s Anti- Corruption Guidelines and in accordance with the BMC’s prevailing sanctions
policies and procedures, may sanction a firm or individual, either indefinitely or for a stated period of time,
including by publicly declaring such firm or individual ineligible (i) to be awarded or otherwise benefit from a
BMC-financed contract, financially or in any other manner; (ii) to be a nominated sub-contractor, consultant,
manufacturer or supplier, or service provider of an otherwise eligible firm
being awarded a BMC-financed contract; and (iii) to participate further in the preparation or implementation of
any BMC-financed project;
e. Requires that a clause be included in bidding/request for proposals documents and in contracts financed by
BMC, requiring (i) bidders (applicants/proposers), consultants, contractors, and suppliers, and their sub-
contractors, sub-consultants, service providers, suppliers, agents personnel, permit the BMC to inspect all
accounts, records and other documents relating to the procurement process, selection and/or contract execution,
and to have them audited by auditors appointed by the BMC.
3. Eligible Bidders
a. A Bidder may be a firm that is a private entity, a state-owned entity or institution subject to relevant sub-clause
of ITB – Eligible Bidders, or any combination of such entities in the form of a Joint Venture (JV) under an
existing agreement or with the intent to enter into such an agreement supported by a letter of intent. In the case
of a joint venture, all members shall be jointly and severally liable for the execution of the entire Contract in
accordance with the Contract terms. The JV shall nominate a Representative who shall have the authority to
conduct all business for and on behalf of any and all the members of the JV during the Bidding process and, in
the event the JV is awarded the Contract, during contract execution. Maximum three (3) members in the Joint
Venture (JV) shall be permitted.
b. A Bidder shall not have a conflict of interest. Any Bidder found to have a conflict of interest shall be
disqualified. A Bidder may be considered to have a conflict of interest for the purpose of this Bidding process,
if the Bidder:
i. directly or indirectly controls, is controlled by or is under common control with another Bidder; or
ii. receives or has received any direct or indirect subsidy from another Bidder; or
iv. has a relationship with another Bidder, directly or through common third parties, that puts it in a
position to influence the Bid of another Bidder, or influence the decisions of BMC regarding this
Bidding process; or
v. any of its affiliates participates as a consultant in the preparation of the design or technical
specifications of the Information System that are the subject of the Bid; or
vi. or any of its affiliates has been hired (or is proposed to be hired) by BMC for the Contract
implementation; or
vii. would be providing goods, works, or non-consulting services resulting from or directly related to
consulting services for the preparation or implementation of the project that it provided or were
provided by any affiliate that directly or indirectly controls, is controlled by, or is under common
control with that firm; or
viii. has a close business or family relationship with a professional staff of the BMC who: (i) are directly or
indirectly involved in the preparation of the bidding document or specifications of the contract, and/or
the Bid evaluation process of such contract; or (ii) would be involved in the implementation or
supervision of such contract unless the conflict stemming from such relationship has been resolved in
a manner acceptable to the BMC throughout the procurement process and execution of the Contract.
c. A firm that is a Bidder (either individually or as a JV member) shall not participate in more than one Bid. This
includes participation as a subcontractor. Such participation shall result in the disqualification of all Bids in
which the firm is involved. A firm that is not a Bidder or a JV member, may participate as a sub-contractor in
more than one Bid.
d. A Bidder that has been sanctioned/banned/blacklisted by the BMC, shall be ineligible to be prequalified for,
initially selected for, bid for, propose for, or be awarded a BMC-financed contract or benefit from a BMC-
financed contract, financially or otherwise, during such period of time as the BMC shall have
determined. The list of debarred firms and individuals is available at the office of Central Purchase Department of
BMC.
e. Bidders that are state-owned enterprises or institutions in India may be eligible to compete and be awarded a
Contract(s) only if they can establish, in a manner acceptable to the BMC, that they: (i) are legally and
financially autonomous; (ii) operate under commercial law; and (iii) are not under supervision of BMC.
f. A Bidder shall provide such documentary evidence of eligibility satisfactory to BMC, as BMC shall reasonably
request.
All Bidders shall provide information as per Section – Evaluation & Qualification Criteria, a preliminary description of the
proposed work method and schedule, including drawings and charts, as necessary.
5. Code of integrity
No official of a procuring entity or a bidder shall act in contravention of the codes which includes
a. prohibition of
i. making offer, solicitation or acceptance of bribe, reward or gift or any material benefit, either directly
or indirectly, in exchange for an unfair advantage in the procurement process or to otherwise influence
the procurement process.
ii. Any omission, or misrepresentation that may mislead or attempt to mislead so that financial or other
benefit may be obtained, or an obligation avoided.
iii. any collusion, bid rigging or anticompetitive behavior that may impair the transparency, fairness and
the progress of the procurement process.
iv. improper use of information provided by the procuring entity to the bidder with an intent to gain
unfair advantage in the procurement process or for personal gain
v. any financial or business transactions between the bidder and any official of the procuring entity
related to tender or execution process of contract; which can affect the decision of the procuring entity
directly or indirectly.
vi. any coercion or any threat to impair or harm, directly or indirectly, any party or its property to
influence the procurement process.
viii. making false declaration or providing false information for participation in a tender process or to
secure a contract;
c. Disclosure by the bidder of any previous transgressions made in respect of the provisions of sub- clause (a)
with any entity in any country during the last three years or of being debarred by any other procuring entity.
In case of any reported violations, the procuring entity, after giving a reasonable opportunity of being heard, comes to the
conclusion that a bidder or prospective bidder, as the case may be, has contravened the code of integrity, may take
appropriate measures.
a. The bidding document consists of Parts 1 and 2, which include all the sections indicated below, and should be
read in conjunction with any Addenda issued if any.
2. Technical Requirements
3. Implementation Schedule
d. The Bid Notice - Request for Bids (RFB) issued by BMC is not part of this bidding document.
e. Unless obtained directly from Mahatenders website, BMC is not responsible for the completeness of the
document, responses to requests for clarification, the Minutes of the pre-Bid meeting (if any), or Addenda to
the bidding document. In case of any contradiction, documents obtained directly from BMC shall prevail.
f. The Bidder is expected to examine all instructions, forms, terms, and specifications in the bidding document
and to furnish with its Bid all information or documentation as is required by the bidding document.
a. A Bidder requiring any clarification of the bidding document shall contact the BMC in
writing at the BMC’s address specified in the BDS or raise its enquiries during the pre-Bid
meeting if provided for in accordance with this ITB. If so specified in the BDS, the BMC
shall also promptly publish its response at the web page identified in the BDS. Should the
BMC deem it necessary to amend the bidding document as a result of a request for
clarification, it shall do so following the procedure under ITB - Amendment of Bidding
Document and ITB - Deadline for Submission of Bids.
b. The Bidder may wish to visit and examine the site where the Information System is to be
installed and / or provide user support / handholding, its surroundings and obtain for itself on
its own responsibility all information that may be necessary for preparing the Bid and
entering into a contract. The costs of visiting the site shall be at the Bidder’s own expense.
c. The Bidder and any of its personnel or agents will be granted permission by the BMC to
enter upon its premises and lands for the purpose of such visit, but only upon the express
condition that the Bidder, its personnel, and agents will release and indemnify the BMC and
its personnel and agents from and against all liability in respect thereof, and will be
responsible for death or personal injury, loss of or damage to property, and any other loss,
damage, costs, and expenses incurred as a result of the inspection.
d. The Bidder’s designated representative is invited to attend a pre-Bid meeting and/or a site
visit, if provided for in the Bid Notice. The purpose of the meeting will be to clarify issues
and to answer questions on any matter that may be raised at that stage.
e. The Bidder is requested, as far as possible, to submit any questions in writing, to reach the
BMC not later than one week before the meeting.
f. Minutes of the pre-Bid meeting, including the text of the questions raised without identifying
the source, and the responses given, together with any responses prepared after the meeting,
will be published promptly on the website URL mentioned in the BDS. Any modification to
the bidding document that may become necessary as a result of the pre-Bid meeting shall be
made by the BMC exclusively through the issue of an Addendum pursuant to ITB -
Amendment of Bidding Document and not through the minutes of the pre-Bid meeting.
g. Non-attendance at the pre-Bid meeting will not be a cause for disqualification of a Bidder.
8. Amendment to the Bidding Document
a. At any time prior to the deadline for submission of Bids, BMC may amend the bidding document by issuing
addenda\ corrigendum.
b. BMC shall publish the addendum\ corrigendum on eTendering website and any addendum\ corrigendum issued
shall be part of the bidding document.
c. To give prospective Bidders reasonable time in which to take an addendum into account in
preparing their Bids, the BMC may, at its discretion, extend the deadline for the submission
of Bids, pursuant to ITB - Deadline for Submission of Bids.
C. Preparation of Bids
9. Cost of Bidding
a. The Bidder shall bear all costs associated with the preparation and submission of its Bid, and BMC shall not be
responsible or liable for those costs, regardless of the conduct or outcome of the Bidding process.
a. The Bid as well as all correspondence and documents relating to the Bid exchanged by the Bidder and BMC
shall be written in English language. Supporting documents and printed literature that are part of the Bid may
be in another language provided they are accompanied by an accurate translation of the relevant passages into
English language, in which case, for purposes of interpretation of the Bid, such translation shall govern.
i. Letter of Bid prepared in accordance with ITB - Letter of Bid and Price Schedule;
ii. Price Schedules completed in accordance with ITB - Letter of Bid and Price Schedule
and ITB Bid Prices;
iii. Bid Security or Bid-Securing Declaration in accordance with ITB - Bid Security;
iv. Authorization: written confirmation authorizing the signatory of the Bid to commit
the Bidder, in accordance with ITB - Format and Signing of Bid. Written confirmation
may include resolution of the Board of Directors of the Company authorizing the signatory of the Bid
to commit the Bidder or Power of Attorney executed by the Bidder in favour of the signatory of the
Bid;
b. In addition to the above requirements, Bids submitted by a JV shall include a copy of the
Joint Venture Agreement entered into by all members indicating at least the parts of the
Information System to be executed by the respective members. Alternatively, a letter of
intent to execute a Joint Venture Agreement in the event of a successful Bid shall be signed
by all members and submitted with the Bid, together with a copy of the proposed Agreement
indicating at least the parts of the Information System to be executed by the respective
members.
a. The Letter of Bid and all other formats including filled in Price Schedule shall be prepared using the relevant
forms furnished in Section – Bidding Forms. The forms must be completed without any alterations to the text,
and no substitutes shall be accepted. All blank spaces shall be filled in with the information requested.
a. To establish its eligibility and qualifications to perform the Contract in accordance with Section - Evaluation
and Qualification Criteria, the Bidder shall provide the information requested in the corresponding information
sheets included in Section - Bidding Forms.
b. In the event that prequalification of potential Bidders has been undertaken as stated in the BDS, only Bids from
prequalified Bidders shall be considered for award of Contract.
a. Pursuant to ITB – Documents Comprising the Bid, the Bidder shall furnish, as part of its Bid
documents establishing the conformity to the bidding documents of the Information System
that the Bidder proposes to design, supply and install under the Contract
b. The documentary evidence of conformity of the Information System to the bidding
documents including:
i. Preliminary Project Plan describing, among other things, the methods by which the
Bidder will carry out its overall management and coordination responsibilities if
awarded the Contract, and the human and other resources the Bidder proposes to use.
The Preliminary Project Plan must also address any other topics specified in the Bid
Document. In addition, the Preliminary Project Plan should state the Bidder’s
assessment of what it expects the BMC and any other party involved in the
implementation of the Information System to provide during implementation and
how the Bidder proposes to coordinate the activities of all involved parties;
ii. written confirmation that the Bidder accepts responsibility for the successful
integration and inter-operability of all components of the Information System as
required by the bidding documents;
iii. an item-by-item commentary on the BMC’s Technical Requirements, demonstrating
the substantial responsiveness of the Information System offered to those
requirements. In demonstrating responsiveness, the Bidder is encouraged to use the
Technical Responsiveness Checklist (or Checklist Format) in the Sample Bidding
Forms (Section - Bidding Forms). The commentary shall include explicit cross-
references to the relevant pages in the supporting materials included in the bid.
Whenever a discrepancy arises between the item-by-item commentary and any
catalogs, technical specifications, or other preprinted materials submitted with the
bid, the item-by-item commentary shall prevail;
iv. support material (e.g., product literature, white papers, narrative descriptions of
technologies and/or technical approaches), as required and appropriate; and
v. any separate and enforceable contract(s) for Recurrent Cost items which the BDS
ITB – Bid Prices required Bidders to bid.
c. References to brand names or model numbers or national or proprietary standards designated
by the BMC in the bidding documents are intended to be descriptive and not restrictive. The
Bidder may substitute alternative brand/model names or standards in its bid, provided that it
demonstrates to the BMC’s satisfaction that the use of the substitute(s) will result in the
Information System being able to perform substantially equivalent to or better than that
specified in the Technical Requirements.
d. For major items of the Information System as listed by the BMC in Section - Evaluation and
Qualification Criteria, which the Bidder intends to purchase or subcontract, the Bidder shall
give details of the name and nationality of the proposed subcontractors, including
manufacturers, for each of those items. In addition, the Bidder shall include in its Bid
information establishing compliance with the requirements specified by the BMC for these
items. Quoted rates and prices will be deemed to apply to whichever subcontractor is
appointed, and no adjustment of the rates and prices will be permitted.
e. The Bidder shall be responsible for ensuring that any subcontractor proposed complies with
the requirements of ITB – Eligible Bidder, and that any goods or services to be provided by
the subcontractor comply with the requirements of this ITB.
16. Bid Prices
a. All Goods and Services identified in the Section – BMC's Requirements, and all other Goods
and Services proposed by the Bidder to fulfill the requirements of the Information System,
must be priced in the corresponding commercial bid, in accordance with the instructions
provided in the manner specified below.
b. The Bidder must also bid Recurrent Cost Items specified in the Technical Requirements, in
Section – BMC’s Requirements (if any). These must be priced separately in the
corresponding commercial bid, in accordance with the instructions provided in the tables and
in the manner specified below:
i. prices for Recurrent Costs are all-inclusive of the costs of necessary Goods such as
spare parts, software license renewals, labor, etc., needed for the continued and
proper operation of the Information System and, if appropriate, of the Bidder’s own
allowance for price increases;
ii. prices for Recurrent Costs beyond the scope of warranty services to be incurred
during the Warranty Period, defined in GCC Clause – Defect Liability shall be
quoted as Service prices on the Recurrent Cost Sub-Table in detail.
c. Bidders may be required to provide a breakdown of any composite or lump-sum items
included in the Cost Tables
d. The price of items that the Bidder has left blank in the cost tables provided in the
commercial bid shall be assumed to be included in the price of other items. Items omitted
altogether from the cost tables shall be assumed to be omitted from the bid and, the bid in
such case shall be treated as non responsive.
e. The prices must include all costs incidental to the performance of the Services, as incurred
by the Supplier, such as travel, subsistence, office support, communications, translation,
printing of materials, etc. Costs incidental to the delivery of the Services but incurred by the
BMC or its staff, or by third parties, must be included in the price only to the extent such
obligations are made explicit in these bidding documents (as, e.g., a requirement for the
Bidder to include the travel and subsistence costs of trainees).
f. The prices quoted by the Bidder shall be fixed during the Bidder’s performance of the
Contract and not subject to increases on any account. Bids submitted that are subject to price
adjustment will be rejected.
17. Currencies of Bid and Payment
a. The currency(ies) of the Bid and currencies of payment shall be the same. The Bidder shall
quote in the currency of Indian Rupee (INR).
18. Period of Validity of Bids
a. Bids shall remain valid for the period specified in the BDS after the Bid submission deadline
prescribed by the BMC in accordance with ITB - Deadline for Submission of Bids. A Bid
valid for a shorter period shall be rejected by the BMC as nonresponsive.
b. In exceptional circumstances, prior to the expiration of the Bid validity period, the BMC
may request Bidders to extend the period of validity of their Bids. The request and the
responses shall be made in writing. If a Bid Security is requested in accordance with ITB –
Bid Security, it shall also be extended for twenty-eight days (28) beyond the deadline of the
extended validity period. A Bidder may refuse the request without forfeiting its Bid Security.
A Bidder granting the request shall not be required or permitted to modify its Bid.
19. Bid Security
a. The Bidder shall furnish as part of its Bid, a Bid Security as specified in the Bid Notice / E-
Procurement Notice, in the amount and currency specified in the Bid Notice / E-
Procurement Notice.
b. If a Bid Security is specified pursuant to this ITB, any Bid not accompanied by a
substantially responsive Bid Security shall be rejected by the BMC as non-responsive.
c. If a Bid Security is specified pursuant to this ITB, the Bid Security of unsuccessful Bidders
shall be returned as promptly as possible upon the successful Bidder’s furnishing of the
Performance Security pursuant to ITB – Performance Security.
d. The Bid Security of the successful Bidder shall be returned as promptly as possible once the
successful Bidder has signed the Contract and furnished the required Performance Security.
e. The Bid Security may be forfeited:
i. if a Bidder withdraws its Bid during the period of Bid validity specified by the
Bidder on the Letter of Bid; or
ii. if the successful Bidder fails to:
1. sign the Contract in accordance with ITB – Signing of Contract; or
2. furnish performance security in accordance with ITB – Performance Security.
f. The Bid Security of a JV shall be in the name of the JV that submits the bid. If the JV has
not been legally constituted into a legally enforceable JV at the time of Bidding, the Bid
Security or the Bid-Securing Declaration shall be in the names of all future members as
named in the letter of intent referred to in ITB – Eligible Bidders and ITB – Documents
Comprising the Bid.
a. The Bid shall be digitally signed by a person duly authorized to sign on behalf of the Bidder, using Digital
Signature issued by authorized Certifying Authority. This authorization shall consist of written confirmation
and shall be attached to the Bid. The name and position held by the person signing the authorization must be
typed or printed below the signature. All scanned pages of the Bid where entries or amendments have been
made shall be signed or initialed by the person signing the Bid and submitted on e-Tendering system of BMC.
b. In case the Bidder is a JV, the Bid shall be digitally signed by an authorized representative of the JV on behalf
of the JV, and so as to be legally binding on all the members as evidenced by a power of attorney signed by
their legally authorized representatives.
a. The Bid documents listed above shall be submitted in three folders as following:
i. Folder 1 / Packet A – Letter of Bid, Documentary Evidence of Online Payment of Bid Security on e-
Tendering System, Authorization, Bidder’s Eligibility
iii. Folder 3 / Packet C –Price Schedule to be duly filled in the online form of commercial offer on e-
Tendering System. Bidder shall NOT disclose the rates / prices quoted in any other Bid
document.
a. Bids must be received by BMC on e-Tendering system no later than the date and time specified in the Bid
Notice / E-Procurement Notice.
b. BMC may, at its discretion, extend the deadline for the submission of Bids by amending the bidding document,
in which case all rights and obligations of BMC and Bidders previously subject to the deadline shall thereafter
be subject to the deadline as extended.
a. BMC shall not consider any Bid that arrives after the deadline for submission of Bids, in accordance with ITB –
Deadline for Submission of Bids. Any Bid received by BMC after the deadline for submission of Bids shall be
declared late and rejected.
a. A Bidder may withdraw, substitute, or modify its Bid after it has been submitted, prior to the deadline
prescribed for submission of Bids, in accordance with ITB – Deadline for Submission of Bids.
b. No Bid may be withdrawn, substituted, or modified in the interval between the deadline for submission of Bids
and the date of expiry of the Bid validity specified in the BDS or any extended date thereof. Withdrawal of a
bid during this interval may result in the forfeiture of the Bidder’s Bid Security.
a. BMC shall conduct the Bid opening in public, in the presence of Bidders` designated
representatives and anyone who chooses to attend, and at the address, date and time
specified in the BDS.
b. The BMC shall neither discuss the merits of any Bid nor reject any Bid.
c. The BMC shall prepare a record of the Bid opening that shall include, as a minimum:
i. the Bid Price, per lot if applicable, including any discounts;
ii. the presence or absence of a Bid Security
d. The Bidders’ representatives who are present shall be requested to sign the record. The
omission of a Bidder’s signature on the record shall not invalidate the contents and effect of
the record. A copy of the record shall be distributed to all Bidders.
a. Information relating to the evaluation of Bids and recommendation of contract award, shall not be disclosed to
Bidders or any other persons not officially concerned with the Bidding process until information on the
Intention to Award the Contract is published.
b. Any effort by a Bidder to influence BMC in the evaluation or contract award decisions may result in the
rejection of its Bid.
c. Notwithstanding in this clause, from the time of Bid opening to the time of Contract Award, if any Bidder
wishes to contact BMC on any matter related to the Bidding process, it should do so in writing.
a. To assist in the examination, evaluation, and comparison of Bids, and qualification of the Bidders, BMC may,
at BMC’s discretion, ask any Bidder for clarification of its Bid including breakdowns of the prices in the Price
Schedule, and other information that BMC may require. Any clarification submitted by a Bidder in respect to
its Bid and that is not in response to a request by BMC shall not be considered. BMC’s request for clarification
and the response shall be in writing. No change, including any voluntary increase or decrease, in the prices or
substance of the Bid shall be sought, offered, or permitted.
b. If a Bidder does not provide clarifications of its Bid by the date and time set in BMC’s request for clarification
which is three days from the date of BMC’s request letter, its Bid may be rejected.
ii. “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the
requirements specified in the bidding document; and
iii. “Omission” is the failure to submit part, or all of the information or documentation required in the
bidding document.
a. BMC’s determination of a Bid’s responsiveness is to be based on the contents of the Bid itself, as defined in
ITB – Documents Comprising the Bid.
b. A substantially responsive Bid is one that meets the requirements of the bidding document without material
deviation, reservation, or omission. A material deviation, reservation, or omission is one that:
i. if accepted, would:
1. affect in any substantial way the scope, quality, or performance of the Services specified in
the Contract; or
2. limit in any substantial way, inconsistent with the bidding document, BMC’s rights or the
Bidder’s obligations under the Contract; or
ii. if rectified, would unfairly affect the competitive position of other Bidders presenting substantially
responsive Bids.
c. BMC shall examine the technical aspects of the Bid submitted in accordance with ITB - Documents
Establishing Conformity of Services and ITB - Documents Establishing the Eligibility and Qualifications of the
Bidder, in particular, to confirm that all requirements of Section - BMC's Requirements have been met without
any material deviation or reservation, or omission.
d. To be considered for Contract award, Bidders must have submitted Bids:
i. for which detailed Bid evaluation using the same standards for compliance
determination as listed in ITB - Deviations, Reservations, and Omissions and this
ITB confirms that the Bids are commercially and technically responsive, and include
the hardware, Software, related equipment, products, Materials, and other Goods and
Services components of the Information System in substantially the full required
quantities for the entire Information System, the individual Subsystem; and are
deemed by the BMC as commercially and technically responsive; and
ii. that offer Information Technologies that are proven to perform up to the standards
promised in the bid by having successfully passed the performance, benchmark,
and/or functionality tests the BMC may require, pursuant to ITB Eligibility and
Qualification of the Bidder.
30. Nonconformities, Errors and Omissions
a. Provided that a Bid is substantially responsive, the BMC may waive any nonconformity in
the Bid that does not constitute a material deviation, reservation or omission.
b. Provided that a Bid is substantially responsive, BMC may request that the Bidder submit the necessary
information or documentation, within a reasonable period of time, to rectify nonmaterial nonconformities in the
Bid related to documentation requirements. Requesting information or documentation on such nonconformities
shall not be related to any aspect of the price of the Bid. Failure of the Bidder to comply with the request may
result in the rejection of its Bid.
a. The BMC shall use the criteria and methodologies listed in this ITB and Section - Evaluation
and Qualification criteria. No other evaluation criteria or methodologies shall be permitted.
By applying the criteria and methodologies the BMC shall determine the responsive bids.
b. Preliminary Examination
i. The BMC will examine the bids, to determine whether required sureties have been
furnished, and are substantially complete (e.g., not missing key parts of the bid or
silent on excessively large portions of the Technical Requirements).
c. Technical Evaluation
i. The BMC will examine the information supplied by the Bidders Pursuant to ITB –
Documents Comprising the Bid and ITB – Documents Comprising the Conformity of
the Information System, and in response to other requirements in the Bidding
document, taking into account the following factors:
1. overall completeness and compliance with the Technical Requirements; and
deviations from the Technical Requirements;
2. suitability of the Information System offered in relation to the conditions
prevailing at the site; and the suitability of the implementation and other
services proposed, as described in the Preliminary Project Plan included in
the bid;
3. achievement of specified performance criteria by the Information System;
4. compliance with the time schedule called for by the Implementation Schedule
and any alternative time schedules offered by Bidders, as evidenced by a
milestone schedule provided in the Preliminary Project Plan included in the
bid;
a. BMC shall compare the evaluated costs of all substantially responsive Bids established in accordance with ITB
– Evaluation of Bids to determine the Bid that has the lowest evaluated cost.
a. An Abnormally Low Bid is one where the Bid price, in combination with other constituent elements of the Bid,
appears unreasonably low (as defined in BDS) to the extent that the Bid price raises material concerns as to the
capability of the Bidder to perform the Contract for the offered Bid price.
b. In the event of identification of a potentially Abnormally Low Bid, BMC shall seek written clarifications from
the Bidder, including detailed price analyses of its Bid price in relation to the subject matter of the contract,
scope, proposed methodology, schedule, allocation of risks and responsibilities and any other requirements of
the bidding document.
c. After evaluation of the price analyses, in the event that BMC determines that the Bidder has failed to
demonstrate its capability to perform the Contract for the offered Bid Price, BMC shall reject the Bid.
a. BMC shall determine to its satisfaction whether the Bidder that is selected as having submitted the lowest
evaluated cost and substantially responsive Bid is eligible and meets the qualifying criteria specified in
Section - Evaluation and Qualification Criteria.
b. The determination shall be based upon an examination of the documentary evidence of the Bidder’s
qualifications submitted by the Bidder, pursuant to ITB - Documents Establishing the Eligibility and
Qualifications of the Bidder. The determination shall not take into consideration the qualifications of
other firms such as the Bidder’s subsidiaries, parent entities, affiliates, subcontractors, or any other firm(s)
different from the Bidder that submitted the Bid.
c. Prior to Contract award, BMC will verify that the successful Bidder (including each member of a JV) is not
disqualified by BMC due to noncompliance with any other contractual obligations. BMC will conduct the same
verification for each subcontractor proposed by the successful Bidder. If any proposed subcontractor does not
meet the requirement, BMC shall reject the Bid.
d. An affirmative determination shall be a prerequisite for award of the Contract to the Bidder. A negative
determination shall result in disqualification of the Bid, in which event BMC shall proceed to the Bidder who
offers a substantially responsive Bid with the next lowest evaluated cost to make a similar determination of that
Bidder’s qualifications to perform satisfactorily.
35. BMC's Right to Accept Any Bid, and to Reject Any or All Bids
a. BMC reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids at any
time prior to Contract Award, without thereby incurring any liability to Bidders. In case of annulment, all Bids
submitted and specifically, Bid securities, shall be promptly returned to the Bidders.
F. Award of Contract
36. Award Criteria
a. Subject to ITB - BMC's Right to Accept Any Bid, and to Reject Any or All Bids, BMC shall award the
Contract to the successful Bidder. This is the Bid of the Bidder that meets the qualification criteria and whose
Bid has been determined to be:
a. Prior to the date of expiry of the Bid validity, or any extension thereof, BMC shall notify the successful Bidder,
in writing, that its Bid has been accepted. The notification of award (hereinafter and in the Conditions of
Contract and Contract Forms called the “Letter of Acceptance”) shall specify the sum that BMC will pay the
Supplier in consideration of the execution of the Contract (hereinafter and in the Conditions of Contract and
Contract Forms called “the Contract Price”).
b. Until a formal Contract is prepared and executed, the Letter of Acceptance shall constitute a binding Contract.
a. BMC shall send to the successful Bidder the Letter of Acceptance including the Contract Agreement.
b. The successful Bidder shall sign, date and return to BMC, the Contract Agreement within twenty-eight
(28) days of its receipt.
39. Failure to Agree with the Terms and Conditions of the RFB
Failure of the successful Bidder to agree with the Draft Legal Agreement and Terms & Conditions of the RFB shall
constitute sufficient grounds for the annulment of the award, in which event BMC may award the contract to the next best
value Bidder or call for new proposals from the interested Bidders.
In such a case, the BMC shall forfeit the Bid Security of the selected Bidder.
a. Within twenty-eight (28) days of the receipt of the Letter of Acceptance from BMC, the successful Bidder shall
furnish the Performance Security in accordance with the relevant GCC, using for that purpose the Performance
Security Form included in Section – Bidding Forms. The Performance Security shall be valid for a period as
mentioned in BDS.
b. Failure of the successful Bidder to submit the above-mentioned Performance Security or sign the Contract shall
constitute sufficient grounds for the annulment of the award and forfeiture of the Bid Security. In that event
BMC may award the Contract to the Bidder offering the next Most Advantageous Bid.
a. Within twenty-eight (28) days of the receipt of the Letter of Acceptance from BMC, the successful Bidder shall
furnish the Legal & Stationery Charges, using for that purpose the table given in Section – Bidding Forms or
revised Legal and Stationery Charges published by BMC from time to time and effective on the date of
issuance of the Notification of Award. The successful Bidder shall note that stationery charges as given in the
relevant table shall be recovered from the successful Bidder for supply of requisite prescribed forms for
preparing certificate bills in respect of the work.
b. Within twenty eight (28) days of the receipt of the Letter of Acceptance from BMC, the successful Bidder shall
pay Stamp Duty, in accordance with the provisions of Article 63, Schedule I of Bombay Stamp Act 1958, using
for that purpose the table given in Section – Bidding Forms or revised Stamp
Duty Charges published by the Government from time to time and effective on the date of issuance of the
Notification of Award.
c. BMC shall recover shortfall if any, in the amount of Stamp Duty paid by the successful Bidder and shall
deposit the shortfall amount to Superintendent of Stamp, Mumbai within fifteen (15) days from the intimation
of notice of short payment of Stamp Duty.
a. BMC reserves the right at the time of Contract award to increase or decrease, by the twenty (20) percentage(s)
for items as indicated in the Price Schedule.
BMC has formed a Grievance Redressal Mechanism for redressal of Bidder’s grievances. Any Bidder or prospective Bidder
aggrieved by any decision, action or omission of the procuring entity being contrary to the provisions of the tender or any
rules or guidelines issued therein, in Packet ‘A’, ‘B’ & ‘C’ can make an application for review of decision of responsiveness
in Packet ‘A’, ‘B’ & ‘C’ within a period of 7 days or any such other period, as may be specified in the Bid document.
While making such an application to procuring entity for review, aggrieved Bidders or prospective bidders shall clearly
specify the ground or grounds in respect of which he feels aggrieved.
Provided that after declaration of a bidder as a successful in Packet ‘A’ (General Requirements), an application for review
may be filed only by a bidder who has participated in procurement proceedings and after declaration of successful bidders in
Packet ‘B’ (Technical Bid), an application for review may be filed only by successful bidders of Packet ‘A’. Provided further
that, an application for review of the financial bid can be submitted, by the bidder whose technical bid is found to be
acceptable / responsive.
Upon receipt of such application for review, BMC may decide whether the bid process is required to be suspended pending
disposal of such review. The BMC after examining the application and the documents available to him, give such reliefs, as
may be considered appropriate and communicate its decision to the Applicant and if required to other bidders or prospective
bidders, as the case may be.
BMC shall deal and dispose of such applications as expeditiously as possible and in any case within 10 days from the date of
receipt of such application or such other period as may be specified in pre-qualification document, bidder registration
document or bid documents, as the case may be.
Where BMC fails to dispose of the application within the specified period or if the bidder or prospective bidder feels
aggrieved by the decision of the procuring entity, such bidder or prospective bidder may file an application for redressal
before the “Internal Procurement Redressal Committee” within 7 days of the expiry of the allowed time or of the date of
receipt of the decision, as the case may be. Every such application for internal redressal before Redressal Committee shall be
accompanied by fee of Rs. 25,000/- and fees shall be paid in the form of D.D. in favor of BMC.
1st Appeal by the bidder against the decision of C.E. / HOD / Dean can be made to concerned DMC / Director who should
decide appeal in 7 days.
If not satisfied, 2nd Appeal by the bidder can be made to concerned A.M.C. for decision.
Grievance Redressal Committee (GRC) is headed by concerned D.M.C. / Director of particular department for the first
appeal / grievances by the bidder against the decision for responsiveness / non responsiveness in Packet ‘A’, Packet ‘B’ or
Packet ‘C’ and if not satisfied, concerned A.M.C. will take decision as per second appeal made by the bidder.
This Grievance Redressal Committee (GRC) will be operated through DMC (CPD) office where appeals of aggrieved bidder
will be received with fee of Rs. 25,000/- from aggrieved bidder. The necessary correspondence in respect of said
applications to the aggrieved bidder & concerned department, issuing notices, arranging of Grievance Redressal Committee
(GRC) with D.M.C. and further proceeding will be carried out through registrar appointed by BMC.
No application shall be maintainable before the redressal committee in regard of any decision of the BMC relating to
following issues
On receipt of recommendation of the committee, it will be communicate his decision there on to the Applicant within 10
days or such further time not exceeding 20 days, as may be considered necessary from the date of receipt of the
recommendation and in case of non-acceptance of any recommendation, the reason for such non acceptance shall also be
mentioned in such communication.
Additional Municipal Commissioner and / or Grievance Redressal Committee, if found, come to the conclusion that any
such complaint or review is of vexatious, frivolous or malicious nature and submitted with the intention of delaying or
defeating any procurement or causing loss to the procuring entity or any other bidder, then such complainant shall be
punished with fine, which may extend to Five Lac rupees or two percent of the value of the procurement, whichever is
higher.
44. Disclaimer
The information contained in this e-tender document or provided to Bidder(s), whether verbally or in documentary or any
other form, by or on behalf of the Brihanmumbai Municipal Corporation (BMC), hereafter also referred as “The BMC
Authority “, or any of its employees or advisors, is provided to Bidder(s) on the terms and conditions set out in this e-tender
and such other terms and conditions subject to which such information is provided.
This e-tender includes statements, which reflect various assumptions and assessments arrived at by the Brihanmumbai
Municipal Corporation (BMC) in relation to the Project. Such assumptions, assessments and statements do not purport to
contain all the information that each Bidder may require. This e-tender may not be appropriate for all persons, and it is not
possible for the Brihanmumbai Municipal Corporation (BMC), its employees or advisors to consider the investment
objectives, financial situation and particular needs of each party who reads or uses this e-tender. The assumptions,
assessments, statements, and information contained in this e-tender may not be complete, accurate, adequate or correct. Each
Bidder should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments, statements and information contained in this e-tender and
obtain independent advice from appropriate sources.
Information provided in this e-tender to the Bidder(s) is on a wide range of matters, some of which may depend upon
interpretation of law. The information given is not intended to be an exhaustive account of statutory requirements and should
not be regarded as a complete or authoritative statement of law. The Brihanmumbai Municipal Corporation (BMC) accepts
no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed here.
The Brihanmumbai Municipal Corporation(BMC), its employees and advisors make no representation or warranty and shall
have no liability to any person, including any Bidder or Bidder, under any law, statute, rules or regulations or tort, principles
of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred
or suffered on account of anything contained in this e-tender or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the e-tender and any assessment, assumption, statement or information contained therein or
deemed to form part of this e-tender or arising in any way with pre- qualification of Bidders for participation in the Bidding
Process. The Brihanmumbai Municipal Corporation (BMC) also accepts no liability of any nature whether resulting from
negligence or otherwise caused arising from reliance of any Bidder.
ITB Clause
Information Details
No.
1) General
Number of members allowed in
4.1 Not allowed.
JV/Consortium/Sub-contracting
2) Contents of Bidding Document
Chandrakant Kathe
Assistant Manager i/c.
Contact Person for clarification of Queries
7a. Office of Director (IT), Gr. Floor, Worli Data Center,
Engineering Hub Building, Dr. E. Moses Road, Worli, Mumbai
– 400018.
[email protected]
7a. Contact Information With a CC to [email protected]
Mobile 9819270509 or Landline 022-24811262
F. Award Criteria
10% of the contract value valid upto the entire contract period +
3 Months (including defect liability period or payment of final
bill whichever is later), within 28 days from the date of the
41. Performance Security
award of the contract or prior to signing of the contract
whichever is earlier or as intimated in the notification of
intention to award/work order issued by BMC.
1. Evaluation of Prequalification
The prequalification bids shall be evaluated for submission and conformance of all documents with respect to prequalification criteria mentioned in this section.
1.2 Conflict of Interest No- conflicts of interests as described in ITB - Eligible Bidders. Letter of Bid
1.5 State owned Entity Compliance with conditions of ITB – Eligible Bidders Form – Bidder Information Form and with attachments
1.6 Power of Attorney in Compliance with conditions of ITB - Documents Comprising the Bid
Power of Attorney
favour of bidder
3 Experience
Form – General Experience along with Completion
certificates from the client;
Experience under Information System contracts in the role of prime OR
supplier, management contractor, JV member, or subcontractor for at Work order + Self certificate of completion (Certified by the
3.1 General Experience
least the last three [3] years prior to the bid submission deadline. statutory auditor/ Chartered Accountant in practice); OR
Work Order + Phase Completion Certificate from the client
[1] For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the Bidder’s share, by value, and role and
responsibilities shall be considered to meet this requirement.
In the case of a Bidder who offers to supply and install major items of supply under the contract that the Bidder did not manufacture or otherwise produce, the Bidder shall
provide the manufacturer’s authorization, using the form provided in Section – Bidding Forms, showing that the Bidder has been duly authorized by the manufacturer or
producer of the related sub system or component to supply and install that item to BMC. The Bidder is responsible for ensuring that the manufacturer or producer complies
with the requirements of ITB – Qualification of the Bidder and ITB – Sections of Bidding Document and meets the minimum criteria listed above for that item.
2.2. The BEC may require written clarifications from the Bidders to clarify ambiguities and uncertainties arising out of the evaluation of the Bid documents (to be stated
precisely as it should be in BMC’s interest). For more details, please refer ITB - Clarification of Bids.
2.3. In order to qualify technically, a Bid must secure a minimum of 75% of total marks in technical evaluation after summing up. Only those Bids which have a
minimum score of 75% of total marks in technical evaluation will be considered for opening of their Commercial Bid. Only the Bids qualifying the technical
evaluation will be considered for commercial evaluation.
2.4. BMC reserves the right to lower the minimum required marks if none of the Bidders achieves 75% of the total marks.
2.5. Only the Bids qualifying the technical evaluation will be considered for commercial evaluation.
2.6.1. BMC shall appoint a Bid Evaluation Committee (BEC) to scrutinize and evaluate the pre-qualification, technical and commercial bids received.
2.6.2. The BEC will examine the Bids to determine whether they are complete, responsive and whether the bid format conforms to the bid requirements.
BMC may waive any informality or non-conformity in a bid which does not constitute a material deviation according to BMC.
2.6.3. The bid prices should not be mentioned in any part of the bid other than the Commercial Bid.
2.6.4. Any attempt by a bidder to influence the bid evaluation process may result in the rejection of Bid.
2.6.5. The Technical Bids of only those Bidders, who qualify & meet all the criteria in the Pre-Qualification stage, shall be considered, and will be evaluated as per
the evaluation criteria given in the section below by the Bid Evaluation Committee (BEC).
2.6.6. The BEC may require written clarifications from the Bidders to clarify ambiguities and uncertainties arising out of the evaluation of the Bid.
2.6.7. In order to qualify technically, a Bid must secure a minimum of 75% of total marks in technical evaluation after summing up. Only those Bids which have a
minimum score of 75% of total marks in technical evaluation will be considered for opening of their Commercial Bid.
2.6.8. If the bidder is found non-responsive after evaluation of pre-qualification and technical documents, in such circumstances, the bidder will be made non-
responsive and financial cover of non-responsive bidder will not be opened.
2.6.9. Maximum 5 shortfalls of curable defects shall be allowed and in case, curable defects are not complied by bidder within given 3 days, the bidder shall be
treated as “Non-Responsive” and such cases will be informed to Registration and Monitoring Cell. Such non-submission of documents will be considered as
‘Intentional Avoidance’ and if three or more cases in 12 months are reported, shall be viewed seriously and disciplinary action against the defaulters such as
banning/de-registration, etc. shall be taken by Registration cell with the approval of the concerned AMC.
Note:
iv. Certified Copies of PAN documents and photographs of individuals, owners, etc.
b. In-adequacy of technical and financial capacity with respect to Eligibility criteria as stipulated in the tender
Total no. of successful Go-Live / completed of similar (Certified by the statutory auditor/ Chartered
nature project(s) during last five years (as on the last date Accountant in practice);
of bid submission) in Central / State Government/Urban OR
Local Bodies / Public Sector Companies / Private Sector Work Order + Phase Completion Certificate
Companies of below mentioned project value in from the client
India/abroad: Bidder should also submit a certification from
the client confirming the value of the project
Project shall include Design, development,
operations and maintenance of Generative AI
Conversations/AI Walkthroughs Solution
And
Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
To:
(a) No reservations: We have examined and have no reservations to the bidding document, including Addenda/
Corrigendum issued in accordance with ITB - Sections of Bidding Document;
(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in accordance with ITB – Eligible
Bidders;
(c) Bid-Securing Declaration: We have not been suspended nor declared ineligible by the BMC / State
Government / Central Government based on execution of a Bid-Securing Declaration or Proposal-Securing
Declaration in India in accordance with ITB – Eligible Bidders;
(d) Conformity: We offer to provide the Services in conformity with the bidding document of the following:
Selection of System Integrator for Implementation of services for BMC;
(e) Bid Validity Period: Our Bid shall be valid until [insert day, month and year in accordance with ITB –
Period of Validity of Bids], and it shall remain binding upon us and may be accepted at any time before the
expiration of that period;
(f) Performance Security: If our Bid is accepted, we commit to obtain a Performance Security in accordance with
the bidding document;
(g) One Bid Per Bidder: We are not submitting any other Bid(s) as an individual Bidder, and we are not
participating in any other Bid(s) as a Joint Venture member or as a subcontractor, and meet the requirements of ITB
– Eligible Bidders, other than alternative Bids submitted in accordance with ITB – Alternative Bids;
(h) Suspension and Debarment: We, along with any of our subcontractors, suppliers, consultants, manufacturers,
or service providers for any part of the contract, are not subject to, and not controlled by any entity or individual
that is subject to, a temporary suspension or a debarment imposed by the BMC. Further, we are not ineligible under
the Indian laws;
(i) State-owned enterprise or institution: [select the appropriate option and delete the other] [We are not
a state-owned enterprise or institution] / [We are a state-owned enterprise or institution but meet the
requirements of ITB - Eligible Bidders];
(j) Binding Contract: We understand that this Bid, together with your written acceptance thereof included in your
Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared and executed;
(k) Not Bound to Accept: We understand that you are not bound to accept the lowest evaluated cost Bid, the Most
Advantageous Bid or any other Bid that you may receive; and
(l) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no person acting for us or on
our behalf engages in any type of Fraud and Corruption.
Name of the person duly authorized to sign the Bid on behalf of the Bidder: **[insert complete name of person
duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and capacity are shown above]
Date signed [insert date of signing] day of [insert month], [insert year]
*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture as Bidder.
**: Person signing the Bid shall have the power of attorney given by the Bidder. The power of attorney shall be attached with the Bid
Schedules.
[The Bidder shall fill in this Form in accordance with the instructions indicated below. No alterations to its
format shall be permitted and no substitutions shall be accepted.]
Date: [insert date (as day, month and year) of Bid submission]
2. In case of JV, legal name of each member: [insert legal name of each member in JV]
5. Bidder’s Address in country of registration: [insert Bidder’s legal address in country of registration]
7. Attached are [scanned] copies of original documents of [check the box(es) of the attached original documents]
Articles of Incorporation (or equivalent documents of constitution or association), and/or documents of
registration of the legal entity named above, in accordance with ITB – Eligible Bidders.
In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB – Eligible Bidders.
In case of state-owned enterprise or institution, in accordance with ITB – Eligible Bidders, documents
establishing:
o Legal and financial autonomy
o Operation under commercial law
o Establishing that the Bidder is not under the supervision of the agency of the BMC
8. Included are the list of Board of Directors and organizational chart
[The Bidder shall fill in this Form in accordance with the instructions indicated below. The following table shall be
filled in for the Bidder and for each member of a Joint Venture]].
Date: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of Bidding process]
3. Bidder’s JV / Consortium Member’s country of registration: [insert JV’s Member country of registration]
4. Bidder’s JV / Consortium Member’s year of registration: [insert JV’s Member year of registration]
5. Bidder’s JV / Consortium Member’s legal address in country of registration: [insert JV’s Member legal address in
country of registration]
7. Attached are copies of original documents of [check the box(es) of the attached original documents]
¨ Articles of Incorporation (or equivalent documents of constitution or association), and/or registration documents of the
legal entity named above, in accordance with ITB - Qualification of the Bidder.
¨ In case of a state-owned enterprise or institution, documents establishing legal and financial autonomy, operation in
accordance with commercial law, and they are not under the supervision of BMC in accordance with ITB –
Qualification of the Bidder.
¨ Included are the organizational chart, a list of Board of Directors, and the beneficial ownership.
4. Format for Declaration by the Bidder for not being Blacklisted / Debarred
Date: dd/mm/yyyy
I, of ,do hereby declared
and undertake as under.
1) I declared that I have submitted certificates as required to Executive Engineer (Monitoring) at the time of registration of
my firm / company and there is no change in the contents of the
certificates that are submitted at the time of registration.
2) I declared that I in capacity as Manager /
Director / Partners / Proprietors of has not been charged with any
prohibitory and /or penal action such as demotion, suspension, black listing / de-registration or any other action under the law
by any Government and / or Semi Government and/ or Government Undertaking.
3) I declared that, I have perused and examined the tender document including addendum, condition of contract,
specification, drawings, bill of quantity etc. forming part of tender and accordingly, I submit my offer to execute the work as per
tender documents at the rates quoted by me in capacity as of
.
4) I further declared that if, I am allotted the work and I failed to carry out the allotted work in accordance with the terms
and conditions and within the time prescribed and specified, BMC is entitled to carry out the work allotted to me by any other
means at my risk and cost, at any stage of the contract.
5) I also declared that I will not claim any charge / damages / compensation for non availability of site for the contract
work at any time.
6) I Indemnify Municipal Commissioner and the other officers of BMC or their agents for any Damages, Loss, or Injury,
any legal suit, proceeding or legal action whatsoever that may be caused at any time by me or any other staff of
company, for the work undertaken and all such damage, damages, injury or loss, legal suit, legal action, I shall be solely
responsible in individual as well as official capacity and such loss, damages, injury shall be made good and/ or as the case may
be shall be paid immediately by me / Company to the satisfaction of the BMC.
Dated day of , 20
Identified by me
Before me
Advocate
Total Liabilities
(TL)
Net Worth (NW)
Current Assets
(CA)
Current
Liabilities (CL)
Information from Income Statement
Total Revenue
(TR)
Profits Before
Taxes (PBT)
Attached are copies of financial statements (balance sheets, including all related notes, and income
statements) for the years required above complying with the following conditions:
a. Must reflect the financial situation of the Bidder or member to a JV, and not sister or parent
companies
b. Historic financial statements must be audited by a certified accountant
c. Historic financial statements must be complete, including all notes to the financial statements
d. Historic financial statements must correspond to accounting periods already completed and audited
(no statements for partial periods shall be requested or accepted)
*Average
Annual
Construction
Turnover
*Average annual turnover calculated as total certified payments received for work in progress or completed,
divided by the number of years specified in Section - Evaluation and Qualification Criteria.
Contract name:
Brief Description of the Information System performed by the
Bidder:
Name of Purchaser: Address:
Contract name:
Brief Description of the Information System performed by the
Bidder:
Name of Purchaser: Address:
Contract name:
Brief Description of the Information System performed by the
Bidder:
Name of Purchaser: Address:
Contract name:
Brief Description of the Information System performed by the
Bidder:
Name of Purchaser: Address:
Contract name:
Brief Description of the Information System performed by the
Bidder:
Name of Purchaser: Address:
Contract name:
8. Specific Experience
General Information
Project Details
Scope of services
Technologies used
Other Details
<Location, Date>
<Name>
<Designation>
<Address>
<Phone Nos.>
<Fax Nos.>
<Email id>
Subject: Submission of the Financial bid for <Provide Name of the Implementation Assignment> Dear
Sir/Madam,
We, the undersigned, offer to provide the Implementation services for <<Title of Implementation Services>> in accordance with
your Request for Proposal dated <<Date>> and our Proposal (Technical and Financial Proposals). Our attached Financial
Proposal is for the sum of <<Amount in words and figures>>. This amount is inclusive of the local taxes.
All the prices mentioned in our Tender are in accordance with the terms as specified in the RFB documents. All the
prices and other terms and conditions of this Bid are valid for a period of <days> calendar days from the date of opening
of the Bid.
We hereby confirm that our prices include all taxes. However, all the taxes are quoted separately under relevant sections.
We understand that the actual payment would be made as per the existing GST tax rates during the time of payment.
2. UNIT RATES
We have indicated in the relevant forms enclosed, the unit rates for the purpose of on account of payment as well as for
price adjustment in case of any increase to / decrease from the scope of work under the contract.
3. TENDER PRICING
We further confirm that the prices stated in our bid are in accordance with your Instruction to Bidders included in
Tender documents.
4. QUALIFYING DATA
We confirm having submitted the information as required by you in your Instruction to Bidders. In case you require any
other further information/documentary proof in this regard before evaluation of our Tender, we agree to furnish the
same in time to your satisfaction.
5. BID PRICE
We declare that our Bid Price is for the entire scope of the work as specified in the Section – BMC’s
Requirements. These prices are indicated Commercial Bid attached with our Tender as part of the Tender.
6. PERFORMANCE BANK GUARANTEE
We hereby declare that in case the contract is awarded .to us, we shall submit the Performance Bank Guarantee
as specified in the <Appendix III> of this RFB document.
Our Financial Proposal shall be binding upon us subject to the modifications resulting from Contract negotiations, up to
expiration of the validity period of the Proposal, i.e., [Date].
We understand you are not bound to accept any Proposal you receive.
We hereby declare that our Tender is made in good faith, without collusion or fraud and the information contained in the Tender
is true and correct to the best of our knowledge and belief.
We understand that our Tender is binding on us and that you are not bound to accept a Tender you receive.
Yours sincerely,
Authorized Signature:
Address:
1. Title of position
Name of prime candidate
2. Title of position
Name of prime candidate
3. Title of position
Name of prime candidate
4. Title of position
Name of prime candidate
Position Candidate
Prime Alternate
Candidate Name of candidate Date of birth
information
Professional qualifications
Summarize professional experience over the last twenty years, in reverse chronological order. Indicate
particular technical and managerial experience relevant to the project.
From To Company/Project/ Position/Relevant technical and management experience
Note: This authorization should be written on the letterhead of the Manufacturer and be signed by a person with the proper authority
to sign documents that are binding on the Manufacturer.
Invitation for Bids Title and No.: [Purchaser insert: RFB Title and Number]
WHEREAS [ insert: Name of Manufacturer ] who are official producers of [ insert: items of supply by Manufacturer ] and
having production facilities at [ insert: address of Manufacturer ] do hereby authorize [ insert: name of Bidder or Joint
Venture ] located at [ insert: address of Bidder or Joint Venture ] (hereinafter, the “Bidder”) to submit a bid and subsequently
negotiate and sign a Contract with you for resale of the following Products produced by us:
We hereby confirm that, in case the bidding results in a Contract between you and the Bidder, the above-listed products will come
with our full standard warranty.
Signed
Duly authorized to sign the authorization for and on behalf of: [ insert: Name of Manufacturer]
Note: This agreement should be written on the letterhead of the Subcontractor and be signed by a person with the proper
authority to sign documents that are binding on the Subcontractor.
Invitation for Bids Title and No.: [Purchaser insert: RFB Title and Number]
WHEREAS [ insert: Name of Subcontractor], having head offices at [ insert: address of Subcontractor], have been
informed by [ insert: name of Bidder or Joint Venture] located at [ insert: address of Bidder or Joint Venture ]
(hereinafter, the “Bidder”) that it will submit a bid in which [ insert: Name of Subcontractor ] will provide [ insert: items of
supply or services provided by the Subcontractor ]. We hereby commit to provide the above-named items, in the instance
that the Bidder is awarded the Contract.
Signed
Duly authorized to sign the authorization for and on behalf of: [insert: Name of Subcontractor]
Dated this [ insert: ordinal ] day of [ insert: month ], [ insert: year ]. [add
The Bidder shall provide adequate information to demonstrate clearly that it has the technical capability to meet the requirements for
the Information System. With this form, the Bidder should summarize important certifications, proprietary methodologies, and/or
specialized technologies that the Bidder proposes to utilize in the execution of the Contract or Contracts.
In accordance with ITB – Documents Establishing Conformity of Services, the documentary evidence of conformity of the
Information System to the bidding documents includes (but is not restricted to):
a. The Bidder’s Preliminary Project Plan, including, but not restricted, to the topics specified in the BDS ITB –
Documents Establishing Conformity of Services. The Preliminary Project Plan should also state the Bidder’s
assessment of the major responsibilities of BMC and any other involved third parties in System supply and
installation, as well as the Bidder’s proposed means for coordinating activities by each of the involved parties to
avoid delays or interference.
b. A written confirmation by the Bidder that, if awarded the Contract, it shall accept responsibility for successful
integration and interoperability of all the proposed Information Technologies included in the System, as further
specified in the Technical Requirements.
c. Item-by-Item Commentary on the Technical Requirements demonstrating the substantial responsiveness of the
overall design of the System and the individual Information Technologies, Goods, and Services offered to those
Technical Requirements in the following format.
In demonstrating the responsiveness of its bid, the Bidder must use the Technical Responsiveness Checklist (Format as
given above). Failure to do so significantly increases the risk that the Bidder’s Technical Bid will be declared
technically non-responsive. Among other things, the checklist should contain explicit cross- references to the relevant
pages in supporting materials included the Bidder’s Technical Bid.
Note: The Technical Requirements are voiced as requirements of the Supplier and/or the System. The Bidder’s
response must provide clear evidence for the evaluation team to assess the credibility of the response. A response of
“yes” or “will do” is unlikely to convey the credibility of the response. The Bidder should indicate that – and to the
greatest extent practical – how the Bidder would comply with the requirements if awarded the contract. Whenever the
technical requirements relate to feature(s) of existing products (e.g., hardware or software), the features should be
described, and the relevant product literature referenced. When the technical requirements relate to professional
services (e.g., analysis, configuration, integration, training, etc.) some effort should be expended to describe how they
would be rendered – not just a commitment to perform the [cut-and- paste] requirement. Whenever a technical
requirement is for the Supplier to provide certifications (e.g., ISO 9001), copies of these certifications must be included
in the Technical Bid.
d. Supporting materials to underpin the Item-by-item Commentary on the Technical Requirements (e.g., product
literature, white-papers, narrative descriptions of technical approaches to be employed, etc.). In the interest of
timely bid evaluation and contract award, Bidders are encouraged not to overload the supporting materials with
documents that do not directly address BMC’s requirements.
e. Any separate and enforceable contract(s) for Recurrent Cost items which the Bidder is required to bid.
Note: To facilitate bid evaluation and contract award, Bidders encouraged to provide electronic copies of their
Technical Bid – preferably in a format that the evaluation team can extract text from to facilitate the bid clarification
process and to facilitate the preparation of the Bid Evaluation Report.
In accordance with ITB 11.1(j), Bidders must submit, as part of their bids, lists of all the Software included in the bid
assigned to one of the following categories: (A) System, General-Purpose, or Application Software; or (B) Standard or
Custom Software. Bidders must also submit a list of all Custom Materials. These categorizations are needed to support the Intellectual
Property in the GCC.
Custom Materials
No………………………………….… Date………………….
To
The……………………………………………
Mumbai.
Sir,
We here by authorize Mr./Ms. ……………………………….as our authorized representative, to represent us on the following
occasion: -
Yours faithfully,
Signature:
Name of signatory:
Designation:
Rubber Stamp:
Bidder requiring specific points of clarification may communicate with Information Technology Department during the specified
period using the following format:
Tel:
<<Full formal address of the Organization including phone, fax and email points
Fax:
of contact>>
Email:
Sr No. Page No. Section No. Point No. Existing Clause Clarification/Query of Bidder
Please prepare the above table in Excel Format as shown above. Any other format shall not be entertained.
22. Table of Legal, Stationery Charges, Stamp Duty, and List of Approved Banks for Submission of
Performance Security
From INR 50,001/- To INR 1,00,00,000/- 0.10% of contract cost (Rounding off such
amount to next hundredth) plus 18% GST.
Minimum INR 1,000/- + GST
From INR 1,00,00,001 /- To 10,00,00,000/- INR 10,000/- for contract value INR
1,00,00,000/- plus 0.05% of contract cost above
INR 1,00,00,000/- (Rounding off such amount
to next hundredth) plus 18% GST.
From INR 10,00,00,001/- To Any amount further INR 55,000/- for contract value INR
10,00,00,000/- plus 0.01% of contract cost above
INR 10,00,00,000/- (Rounding off such amount to
next hundredth) plus 18% GST.
In case of revision of the above mentioned legal and stationary charges, bidder shall pay revised legal and stationary charges.
Stamp Duty Charges Payable By Successful Bidder as per Maharashtra Stamp Act.
Five hundred rupees plus 0.1% of the amount above rupees ten
1 Where it exceeds rupees ten lakhs lakh subject to the maximum of rupees twenty- five lakh stamp
duty.
0.5% for the amount secured by Bank Guarantee subject to
2 Stamp Duty on Bank Guarantee maximum of rupees ten lakh.
a. The successful Bidder shall enter into a contract agreement with BMC within 28 days from the date of issue of
LOA/Work Order and the same should be adjudicated for payment of Stamp Duty by the successful Bidder.
b. Further shortfall if any, in amount of stamp duty paid as against prescribed amount for the documents executed in
Mumbai City and Mumbai Suburban District be recovered from the concerned work contractors and to deposit the
deficit or unpaid Stamp Duty and penalty by two separate Demand Draft or Pay Order in favors of “Superintendent
of Stamp, Mumbai” within 15 days from intimation thereof.
c. All legal charges and incidental expenses in this respect shall be borne and paid by the successful Bidder(s).
The Performance Security (Bank Guarantee) issued by branches of approved Banks beyond Kalyan and Virar can be accepted
only if the said Bank Guarantee is countersigned by the Manager of a Branch of the same Bank within the Mumbai City limit
categorically endorsing thereon that the said Bank Guarantee is binding on the endorsing Branch of
the Bank within Mumbai limits and is liable to be enforced against the said Branch of the Bank in case of default by the Supplier
furnishing the Banker’s guarantee.
Nationalized Banks.
Bank of Baroda Bank of India Bank of Maharashtra
Canara Bank Central Bank of India Indian Bank
Indian Overseas Bank Punjab & Sind Bank Punjab National Bank
State Bank of India UCO Bank Union Bank of India
Private Sector Banks.
Axis Bank Ltd. Bandhan Bank Ltd. CSB Bank Ltd.
City Union Bank Ltd. DCB Bank Ltd. Dhanlaxmi Bank Ltd.
Federal Bank Ltd. HDFC Bank Ltd ICICI Bank Ltd.
Induslnd Bank Ltd IDFC First Bank Ltd. Jammu & Kashmir Bank Ltd.
Karnataka Bank Ltd. Karur Vysya Bank Ltd. Kotak Mahindra Bank Ltd
Lakshmi Vilas Bank Ltd. Nainital Bank Ltd. RBL Bank Ltd.
South Indian Bank Ltd. Tamilnad Mercantile Bank Ltd. YES Bank Ltd.
Greater Mumbai Co-Op. Bank Ltd. Janakalyan Sahakari Bank Ltd. Janata Sahakari Bank Ltd.
Kalyan Janata Sahakari Bank Ltd. Kapol Co-Op. Bank Ltd. Mahanagar Co-Op. Bank Ltd.
Mumbai District Central Co-Op. NKGSB Co-Op. Bank Ltd. New India Co-Op. Bank Ltd.
Bank Ltd.
Parsik Janata Sahakari Bank Ltd. Punjab & Maharashtra Co-Op. Bank Rupee Co-Op. Bank Ltd.
Ltd.
Sangli Urban Co-Op. Bank Ltd. Saraswat Co-Op. Bank Ltd. Thane Bharat Sahakari Bank Ltd.
Thane Janata Sahakri Bank Ltd. The Cosmos Co-Op. Bank Ltd. The Shamrao Vitthal Co-Op. Bank Ltd.
The Zoroastrian Co-Op. Bank.
State Co-op. Banks.
The Maharashtra State Co-Op. Bank.
Foreign Banks.
Australia and New Zealand Banking Westpac Banking Corporation Bank of Bahrain & Kuwait BSC
Group Ltd.
AB Bank Ltd. Sonali Bank Ltd. Bank of Nova Scotia
Industrial & Commercial Bank of BNP Paribas Credit Agricole Corporate
China Ltd. & Investment Bank
Societe Generale Deutsche Bank HSBC Ltd
PT Bank Maybank Indonesia TBK Mizuho Bank Ltd. Sumitomo Mitsui Banking Corporation
The Bank of Tokyo- Mitsubishi UFJ, Cooperatieve Rabobank U.A. Doha Bank
Ltd.
Qatar National Bank JSC VTB Bank Sberbank
United Overseas Bank Ltd Bank of China Ltd. Shinhan Bank
Woori Bank KEB Hana Bank Industrial Bank of Korea
Kookmin Bank Bank of Ceylon Credit Suisse A.G
CTBC Bank Co., Ltd. Krung Thai Bank Public Co. Ltd. Abu Dhabi Commercial Bank Ltd.
Mashreq Bank PSC First Abu Dhabi Bank PJSC Emirates Bank NBD
Barclays Bank Plc. Standard Chartered Bank NatWest Markets Plc
American Express Banking Bank of America Citibank N.A.
Corporation
J.P. Morgan Chase Bank N.A. SBM Bank (India) Limited* DBS Bank India Limited*
1. CONTRACT AGREEMENT
Contract Cost:…………………………
WHEREAS the Municipal Commissioner for Greater Mumbai has inter alia deputed under Section 56 and 56 (b) of the Mumbai
Municipal Corporation Act 1888 his powers, functions and duties under the provisions contained in Chapter III of the Mumbai
Municipal Corporation Act 1888 to the Director/Dy. Municipal Commissioner
AND WHEREAS the Director/Dy. Municipal Commissioner in pursuance of the power vested in him / her under the provision
of the Mumbai Municipal Corporation Act 1888 and in accordance with the provision of the said Act, invited bid for the work
of…..........................................................................................and / or certain work mentioned in the schedule / specification
here to annexed.
AND WHEREAS the contractor/s has/have submitted bid for the said work and his / their said bid was accepted by the
Municipal Commissioner with the approval of the Mayor/ Standing Committee/ Education Committee of the Corporation on the
Terms and Conditions hereinafter specified.
AND WHEREAS the said Contractor/s has / have paid deposit of ₹..................../-
(Rupees……………………………………………………) in the office of..................................................................as
Performance Security for the due and faithful performance of this contract OR has / have furnished the General
Undertaking and Guarantee for ₹……………/- (Rupees…..........................................................................................) of Bank, for
the payment interallia of the said amount of the Contract Deposit in the office of...........................................................for the due
and faithful performance of this contract.
NOW THESE PRESENTS WITNESS and it is hereby agreed and declared between and by the parties hereto as follows:-
In this agreement words and expressions shall have the same meanings as are respectively assigned to them in the General Conditions
of Contract for works hereinafter referred to.
APPENDIXES
Appendix 1. Supplier’s Representative
Appendix 2. Adjudicator [if there is no Adjudicator, state “not applicable”]
Appendix 3. List of Approved
Subcontractors Appendix 4. Categories of
Software Appendix 5. Custom Materials
Appendix 6. Revised Price Schedules (if any)
Appendix 7. Minutes of Contract Finalization Discussions and Agreed-to Contract Amendments
In consideration of the payments to be made by the Commissioner to the contractor as hereinafter mentioned the contractor
hereby covenants with the Commissioner to complete the Works / Supply in all respects with the provision of the contract.
The Commissioner hereby covenants to pay to the Contractor in consideration of the completion of the works/ supply the
contract sum, at times and in the manner prescribed by the contract.
IN WITNESS WHERE of the parties hereto have caused their respective common seals to be hereto affixed (or hereunto set their
respective hands and seals) the day and year above written.
By …………………………………………………..…..
Of ……………………………….………………………
1) ……………………………………..….…………………
2) …………………………………………………………..
By …………………………………………………..…..
1) ………………………………………………….………
2) …………………………………………………….……
(1) …………………………………………………..……
………………………………
Municipal Secretary
Name: [ insert: name and provide title and address further below, or state “to be nominated within
fourteen (14) days of the Effective Date” ]
In accordance with GCC Clause (Notices), the Supplier's addresses for notices under the Contract are:
Address of the Supplier's Representative: [ as appropriate, insert: personal delivery, postal, cable,
telegraph, telex, facsimile, electronic mail, and/or EDI addresses. ]
Fallback address of the Supplier: [ as appropriate, insert: personal delivery, postal, cable,
telegraph, telex, facsimile, electronic mail, and/or EDI addresses. ]
APPENDIX 2. ADJUDICATOR
In accordance with GCC Clause (Definitions) and GCC Clause (Settlement of Disputes), the agreed-upon
Adjudicator is:
The BMC has approved use of the following Subcontractors nominated by the Supplier for carrying out the
item or component of the System indicated. Where more than one Subcontractor is listed, the Supplier is
free to choose between them, but it must notify the BMC of its choice sufficiently in advance of the time
when the subcontracted work needs to commence to give the BMC reasonable time for review. In
accordance with GCC Clause (Subcontracting), the Supplier is free to submit proposals for Subcontractors
for additional items from time to time. No subcontracts shall be placed with any such Subcontractors for
additional items until the Subcontractors have been approved in writing by the BMC and their names have
been added to this list of Approved Subcontractors, subject to GCC Clause (Subcontracting).
[ specify: item, approved Subcontractors, and their place of registration that the Supplier proposed in
the corresponding attachment to its bid and that the BMC approves that the Supplier engage during the
performance of the Contract. Add additional pages as necessary. ]
The follow table specifies the Custom Materials the Supplier will provide under the Contract.
Custom Materials
The attached Revised Price Schedules (if any) shall form part of this Contract Agreement and, where
differences exist, shall supersede the Price Schedules contained in the Supplier’s Bid. These Revised Price
Schedules reflect any corrections or adjustments to the Supplier’s bid price.
The attached Contract amendments (if any) shall form part of this Contract Agreement and, where
differences exist, shall supersede the relevant clauses in the GCC, Technical Requirements, or other parts of
this Contract as defined in GCC Clause (Contract Documents).
NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements
contained herein, the parties agree as follows:
party’s data, computer database, products and/or services. Results of any tests,
sample surveys, analytics, data mining exercises or usages etc. carried out by the
receiving party in connection with the BMC’s information including
citizen/users/persons/customers personal or sensitive personal information as defined
under any law for the time being in force shall also be considered Confidential
Information.
b) The term, “BMC” shall include the officers, employees, agents, consultants, contractors
and representatives of BMC.
c) The term, “Supplier” shall include the directors, officers, employees, agents,
consultants, contractors and representatives of Supplier, including its applicable
affiliates and subsidiary companies.
a) Use the Confidential Information as necessary only in connection with Project and in
accordance with the terms and conditions contained herein;
b) Maintain the Confidential Information in strict confidence and take all reasonable steps
to enforce the confidentiality obligations imposed hereunder, but in no event take less
care with the Confidential Information that the parties take to protect the confidentiality
of its own proprietary and confidential information and that of its clients;
d) Not disclose or in any way assist or permit the disclosure of any Confidential
Information to any other person or entity without the express written consent of the
other party; and
e) Return to the other party, or destroy, at BMC’s discretion, any and all Confidential
Information disclosed in a printed form or other permanent record, or in any other
tangible form (including without limitation, all copies, notes, extracts, analyses, studies,
summaries, records and reproductions thereof) immediately upon the earlier to occur of
Brihanmumbai Municipal Corporation P a g e | 68
Selection of System Integrator for AI Skills Solution for BMC
(i) expiration or termination of either party’s engagement in the Project, or (ii) the
request of the other party therefore.
f) Not to discuss with any member of public, media, press, any or any other person about
the nature of arrangement entered between BMC and Supplier or the nature of services
to be provided by the Supplier to the BMC.
3. Onus. Supplier shall have the burden of proving that any disclosure or use inconsistent
with the terms and conditions hereof falls within any of the foregoing exceptions.
b) After it has become generally available to the public without breach of this Agreement
by Supplier; or
c) Which at the time of disclosure to Supplier was known to such party free of restriction
and evidenced by documentation in such party’s possession; or
d) Which BMC agrees in writing is free of such restrictions.
e) Which is received from a third party not subject to the obligation of confidentiality with
respect to such Information;
5. Remedies. Supplier acknowledges that (a) any actual or threatened disclosure or use
ofthe Confidential Information by Supplier would be a breach of this agreement and
may cause immediate and irreparable harm to BMC; (b) Supplier affirms that
damagesfrom such disclosure or use by it may be impossible to measure accurately; and
(c) injurysustained by BMC may be impossible to calculate and remedy fully. Therefore,
Supplier acknowledges that in the event of such a breach, BMC shall be entitled to
specific performance by Supplier of Supplier’s obligations contained in this Agreement.
In addition, Supplier shall indemnify BMC of the actual and liquidated damages which
may be demanded by BMC. Moreover, BMC shall be entitled to recover all costs
(including reasonable attorneys’ fees) which it or they may incur in connection with
defending its interests and enforcement of legal rights arising due to a breach of this
agreement by Supplier.
6. Need to Know. Supplier shall restrict disclosure of such Confidential Information to its
employees and/or consultants with a need to know (and advise such employees of the
obligations assumed herein), shall use the Confidential Information only for the
purposes set forth in the Agreement, and shall not disclose such Confidential
Information to any affiliates, subsidiaries, associates and/or third party without prior
written approval of the disclosing party.
8. No Conflict. The parties represent and warrant that the performance of its obligations
hereunder do not and shall not conflict with any other agreement or obligation of the
respective parties to which they are a party or by which the respective parties are bound.
9. Authority. The parties represent and warrant that they have all necessary authority and
power to enter into this Agreement and perform their obligations hereunder.
10. Dispute Resolution. If any difference or dispute arises between the BMC and the
Supplier in connection with the validity, interpretation, implementation or alleged
breach of any provision of this Agreement, any such dispute shall be referred to the Hon.
Municipal Commissioner, BMC before arbitration.
a) The arbitration proceedings shall be conducted in accordance with the (Indian)
Arbitration and Conciliation Act, 1996 and amendments thereof.
b) The place of arbitration shall be Mumbai.
c) The arbitrator’s award shall be substantiated in writing and binding on the parties.
d) The proceedings of arbitration shall be conducted in English language.
e) The arbitration proceedings shall be completed within a period of 180 days from
the date of reference of the dispute to arbitration.
11. Governing Law. This Agreement shall be interpreted in accordance with and governed
by the substantive and procedural laws of India and the parties hereby consent to the
exclusive jurisdiction of Courts and/or Forums situated at Mumbai, India only.
12. Entire Agreement. This Agreement constitutes the entire understanding and agreement
of the parties, and supersedes all previous or contemporaneous agreement or
communications, both oral and written, representations and under standings among the
parties with respect to the subject matter hereof.
14. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and permitted assigns.
15. Severability. It is the intent of the parties that in case any one or more of the provisions
contained in this Agreement shall be held to be invalid or unenforceable in any respect,
such provision shall be modified to the extent necessary to render it, as modified, valid
and enforceable under applicable laws, and such invalidity or unenforceability shall not
affect the other provisions of this Agreement.
16. Waiver. If either party should waive any breach of any provision of this Agreement, it
shall not thereby be deemed to have waived any preceding or succeeding breach of the
same or any other provision hereof.
17. Survival. Both parties agree that all of their obligations undertaken herein with respect
to Confidential Information received pursuant to this Agreement shall survive till
perpetuity even after any expiration or termination of this Agreement.
18. Non-solicitation. During the term of this Agreement and thereafter for a further
periodof two (2) years Supplier shall not solicit or attempt to solicit BMC’s employees
and/or consultants, for the purpose of hiring/contract or to proceed to conduct
operations/business similar to BMC with any employee and/or consultant of the BMC
who has knowledge of the Confidential Information, without the prior writtenconsent of
BMC. This section will survive irrespective of the fact whether there exists a
commercial relationship between Supplier and BMC.
19. Term. Subject to aforesaid section - Survival, this Agreement shall remain valid up to
….. years from the “effective date”.
IN WITNESS HEREOF, and intending to be legally bound, the parties have executed this
Agreement to make it effective from the date and year first written above.
For BMC
Name:
Title
WITNESSES:
1:
2:
For Supplier
Name:
Title:
WITNESSES:
1:
2:
[The bank, as requested by the successful Bidder, shall fill in this form in accordance with the instructions indicated]
Ref. No. :
Date :
To
in Mumbai (hereinafter referred to as ‘the bank’ which expression shall be deemed to include its successors and assigns) of the
first part –
(Supplier’s Address)
THE MUNICIPAL COMMISSIONER FOR GREATER MUMBAI (hereinafter referred to as ‘the Commissioner’ which
expression shall be deemed, also to include his successor or successors for the time being in the said office of Municipal
Commissioner) of the third part and THE BRIHANMUMBAI MUNICIPAL CORPORATION (hereinafter referred to as ‘the
Corporation’) of the fourth part WHEREAS the contractors indemnify and keep indemnified the Corporation against any loss or
damage that may be caused to or suffered by the Corporation by reason of any breach by the contractors of any of the terms and
conditions of the contract that will be entered subsequently (within 15 days) and/or in the performance thereof against Letter of
Intent number -------------------------- dated----------------------------------------------------------------------------------------------------for
the project Selection of System Integrator for Implementation of services for BMC of ----------------------------------- department
having tender No. <<>> tender amount Rs---------------------------------------------------and the terms of such tender / contract
require that the contractors shall deposit with the Commissioner as bid security and/ or the security a sum of Rs.------- (Rupees
) AND WHEREAS if and when any
such tender is accepted by the Commissioner, the contract to be entered into in furtherance thereof by the contractors will
provide that such deposit shall remain with and be appropriated by the Commissioner towards the security-deposit to be taken
under the contract and be redeemable by the contractors, if they shall duly and faithfully carry out the terms and provisions of
such contract and shall duly satisfy all claims properly chargeable against them there under AND WHEREAS the contractors are
constituents of the Bank and in order to facilitate the keeping of the accounts of the contractors, the Bank with the consent and
concurrence of the contractors has requested the Commissioner to accept the undertaking of the Bank hereinafter contained, in
place of the contractors depositing with the Commissioner the said sum as bid security and/or the security as aforesaid AND
WHEREAS accordingly the Commissioner has agreed to accept such undertaking. NOW THIS AGREEMENT WITNESSES
that in consideration of the premises, the Bank at the request of the contractors (hereby testified) UNDERTAKES WITH the
Commissioner to pay to the Commissioner upon demand in writing, whenever required by him, from time to time, so to do, a
sum not exceeding in the whole Rs.- (Rupees ) under
the terms of the said tender and/or the contract.
We agree that the decision of the Corporation, whether any breach of any of the terms and conditions of the contract and/or
in the performance thereof has been committed by the Supplier and the amount of loss or damage that has been caused or
suffered by the Corporation shall be final and binding on us and the amount of the said loss or damage shall be paid by us
forthwith on demand and without demur to the Corporation.
“Notwithstanding anything what has been state above, our liability under the above guarantee is restricted to Rs.
---------------------------------------- only and guarantee shall remain in force up to---------------------------------------unless the
demand or claim under this guarantee is made on us in writing on or before-------------------------------------------------
------------------all your right under the above guarantee shall be forfeited and we shall be released from all liabilities
under the guarantee thereafter”. IN
WITNESS WHEREOF
Have here into set their respective hands the day and year first above written.
At the request of the Applicant, we as Guarantor, hereby irrevocably undertake to pay the Beneficiary any
sum or sums not exceeding in total an amount of [insert amount in figures]
( ) [insert amount in words]30 upon receipt by us of the Beneficiary’s complying demand
supported by the Beneficiary’s statement, whether in the demand itself or in a separate signed document
accompanying or identifying the demand, stating either that the Applicant:
a. has used the advance payment for purposes other than toward delivery of Goods; or
b. has failed to repay the advance payment in accordance with the Contract
conditions, specifying the amount which the Applicant has failed to repay.
A demand under this guarantee may be presented as from the presentation to the Guarantor of a certificate
from the Beneficiary’s bank stating that the advance payment referred to above has been credited to the
Applicant on its account number [insert number] at [insert name and address of Applicant’s bank].
The maximum amount of this guarantee shall be progressively reduced by the amount of the advance
payment repaid by the Applicant as specified in copies of interim statements or payment certificates which
shall be presented to us. This guarantee shall expire, at the latest, upon our receipt of a copy of the interim
payment certificate indicating that ninety (90) percent of the Accepted Contract Amount, has been certified
for payment, or on the [insert day] day of [insert month], 2 [insert year], whichever is earlier.
Consequently, any demand for payment under this guarantee must be received by us at this office on or
before that date.
[signature(s)]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be deleted from
the final product.
2. LETTER OF ACCEPTANCE
[Sample only-letterhead paper of the BMC]
[date]
This is to notify you that your Bid dated [date] for execution of the [name of the Contract and identification number, as
given in the Special Conditions of Contract] for the Contract Price of the equivalent of [amount in numbers and words]
[name of currency], as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by BMC.
You are requested to furnish (i) the Performance Security within 28 days in accordance with the Conditions of Contract, using
for that purpose one of the Performance Security Forms, included in Section – Bidding Forms, of the bidding document.
Authorized Signature:
Attachment: Contract
Signed:
Date:
in the capacity of: [ state: “Project Manager” or state the title of a higher level authority in the BMC’s
organization ]
Pursuant to GCC Clause (Commissioning and Operational Acceptance) of the Contract entered into
between yourselves and the [ insert: name of Purchaser ] (hereinafter the “BMC”) dated [ insert: date of
Contract ], relating to the [ insert: brief description of the Information System ], we hereby notify you the
System (or the Subsystem or major component identified below) successfully completed the Operational
Acceptance Tests specified in the Contract. In accordance with the terms of the Contract, the BMC hereby
takes over the System (or the Subsystem or major component identified below), together with the
responsibility for care and custody and the risk of loss thereof on the date mentioned below.
1. Description of the System (or Subsystem or major component): [ insert: description ]
2. Date of Operational Acceptance: [ insert: date ]
This letter shall not relieve you of your remaining performance obligations under the Contract nor
of your obligations during the Warranty Period.
Signed:
Date:
in the capacity of: [ state: “Project Manager” or higher level authority in the BMC’s organization ]
(1) Request for Change Proposals (including Application for Change Proposals) shall be serially
numbered CR-nnn.
(2) Change Estimate Proposals shall be numbered CN-nnn.
(3) Estimate Acceptances shall be numbered CA-nnn.
(4) Change Proposals shall be numbered CP-nnn.
(5) Change Orders shall be numbered CO-nnn.
On all forms, the numbering shall be determined by the original CR-nnn.
Annexes
6.1 Request for Change Proposal Form
6.2 Change Estimate Proposal Form
6.3 Estimate Acceptance Form
6.4 Change Proposal Form
6.5 Change Order Form
6.6 Application for Change Proposal Form
With reference to the above-referenced Contract, you are requested to prepare and submit a Change
Proposal for the Change noted below in accordance with the following instructions within [ insert: number
] days of the date of this letter.
3. Originator of Change: [ select BMC / Supplier (by Application for Change Proposal), and add: name
of originator ]
5. System (or Subsystem or major component affected by requested Change): [ insert: description ]
8. Procedures to be followed:
(a) Your Change Proposal will have to show what effect the requested Change will have on the
Contract Price.
(b) Your Change Proposal shall explain the time it will take to complete the requested Change and the
impact, if any, it will have on the date when Operational Acceptance of the entire System agreed
in the Contract.
(c) If you believe implementation of the requested Change will have a negative impact on the quality,
operability, or integrity of the System, please provide a detailed explanation, including other
approaches that might achieve the same impact as the requested Change.
(d) You should also indicate what impact the Change will have on the number and mix of staff needed
by the Supplier to perform the Contract.
(e) You shall not proceed with the execution of work related to the requested Change until we have
accepted and confirmed the impact it will have on the Contract Price and the Implementation
Schedule in writing.
9. As next step, please respond using the Change Estimate Proposal form, indicating the proposed approach
for implementing the Change, all its elements, and will also address the points in paragraph 8 above
pursuant to GCC Clause (Changes to the System). Your Change Estimate Proposal should contain a
first approximation of the proposed approach, and implications for schedule and cost, of the Change.
Signed:
Date:
in the capacity of: [ state: “Project Manager” or higher level authority in the BMC’s organization ]
In response to your Request for Change Proposal No. [ insert: number ], we hereby submit our
proposal as follows:
6. The System Subsystem, major component, or equipment that will be affected by the requested
Change: [ insert: description ]
8. Estimate of the increase/decrease to the Contract Price resulting from the proposed
Change: [ insert: amount in currencies of Contract ], as detailed below in the breakdown of prices,
rates, and quantities.
Total lump sum cost of the Change:
Cost to prepare this Change Proposal (i.e., the amount payable if the Change is not accepted, limited
as provided by GCC Clause 39.2.6):
9. Additional Time for Achieving Operational Acceptance required due to the Change: [ insert: amount in
days / weeks ]
11. Effect on the other terms and conditions of the Contract: [ insert: description ]
12. Validity of this Proposal: for a period of [ insert: number ] days after receipt of this Proposal by the
BMC
Signed:
Date:
in the capacity of: [ state: “Supplier’s Representative” or other higher level authority in the Supplier’s
organization ]
We hereby approve the Change Order for the work specified in Change Proposal No.
[ insert: number ], and agree to adjust the Contract Price, Time for Completion, and/or other conditions of
the Contract in accordance with GCC Clause 39 of the Contract.
[ insert: amount in foreign currency A ] plus [ insert: amount in foreign currency B ] plus
[ insert: amount in foreign currency C ] plus [ insert: amount in local currency ]
6. Adjustment of Time for Achieving Operational Acceptance: [ insert: amount and description of
adjustment ]
Signed:
Date:
in the capacity of: [ state “Supplier’s Representative” or higher level authority in the Supplier’s
organization ]
We hereby propose that the below-mentioned work be treated as a Change to the System.
2. Application for Change Proposal No./Rev.: [ insert: number / revision] dated: [ insert: date ]
Signed:
Date:
in the capacity of: [ state: “Supplier’s Representative” or higher level authority in the Supplier’s
organization ]
A.1 BACKGROUND
0.1 The BMC
0.1.1 Brihanmumbai Municipal Corporation (BMC) is a Local Self Government, governed by
M.M.C. Act 1888 and providing various services to Citizens of Mumbai including health
services, building permissions, water supply, sanitation, roads, storm water drains and many
other services.
0.1.2 IT Department of BMC is responsible for providing e-Governance and IT related services to
almost all other departments of BMC, leveraging technology to enhance efficiency, improve
citizen services, and support the overall functioning of the municipal corporation.
0.1.3 Director (Information Technology) heads the IT department of BMC. Director (IT) under
the guidance of Additional Municipal Commissioner and Municipal Commissioner is the
decision-making authority with respect to proposed bid. IT Department is also supported by
consultants appointed as an external agency for providing technical expertise whenever and
wherever required.
0.2 The BMC’s Business Objectives for the Information System
0.2.1 The primary objective of proposed Information System (short name for Information System
if any) is to facilitate efficient and organized management of digital services of BMC. BMC
wants Generative Artificial Intelligence, combined with digital adoption and robotic
automation technologies, for improving digital services for citizens and enhancing employee
digital skills and productivity. An AI Coach for every employee and citizen – powered by
these fundamental technologies to digital transformation with a unified platform for
learning, adopting, and automating digital work. BMC wants Generative AI enabled coach
to guide citizens with precise, up-to-date information through digital portals and
applications. This ensures citizens receive reliable and current information regarding
government services, policies, and assistance programs.
0.2.2 The proposed Information System is expected to provide the following benefits.
1. Citizen AI Coach –
1.1 Service Accessibility: The AI Coach facilitates easy access to information regarding key BMC services.
Citizens can inquire about details of ward officials, apply for licenses, pay bills, and receive guidance on
various administrative processes. The solution to be designed to support multiple languages, ensuring
inclusivity and ease of use for all citizens.
1.2 Transaction Support: Citizens can perform transactions related to property tax, water bills, licensing, and other
municipal services with guided assistance from the AI Coach. Whether it is applying for permits, updating
information, or understanding billing details, the AI Coach streamlines the process, making it user-friendly and
efficient.
1.3 Emergency Information: In times of emergencies, the AI Coach acts as a reliable source for disseminating
critical information. Citizens can receive updates on emergency protocols, safety measures, and relevant
guidelines. The AI Coach plays a crucial role in enhancing public safety awareness and providing timely
information during crises.
1.4 Continuous Improvement: The AI Coach is designed to learn and adapt based on citizen interactions, ensuring
continuous improvement in providing accurate and relevant information. User feedback mechanisms are
integrated to enhance the AI Coach's effectiveness over time.
2. Employee AI Coach
2.1 Personalized Learning: The AI Coach identifies individual learning needs through advanced algorithms,
offering curated resources tailored to each employee's skill set. It fosters a culture of continuous learning,
contributing to individual competencies and overall organizational growth.
2.2 Operational Support: Serving as an initiative-taking troubleshooting assistant, the AI Coach provides real-time
solutions to common issues. By analyzing patterns and historical data, it identifies potential challenges,
minimizing disruptions, and ensuring swift issue resolution for employees.
2.3 Integration with Workflows: Seamlessly integrating with existing workflows, the Employee AI Coach
automates repetitive tasks, streamlining day-to-day operations. This integration minimizes downtime, allowing
employees to focus on strategic tasks that contribute to BMC's success.
3. The BMC Citizen and Employee AI Coaches are comprehensive solutions that prioritize citizen satisfaction,
service accessibility, and employee development within the BMC ecosystem.
Following are the expected outcomes from this project, categorized on the basis of BMC Department’s services, BMC
administrators and Citizens:
Municipal
Commissioner
Additional
Municipal
Commissioners
JT. Mun.
Commissioner /
Dy. Mun. Director
Commissioner
0.4.2 Number of employees / users of proposed system: All BMC Employees and citizens.
0.4.3 Number of offices with addresses: BMC has approximately 48 departments and 24 ward offices
spread across approximately 200 locations in Mumbai and Thane District (Water Supply
Department).
0.4.4 Number of desktop PCs / printers / end devices etc. currently available in department – BMC has
approximately 12,000 PCs connected to it’s Worli Data Centre on it’s network.
0.4.5 Connectivity available with offices / locations – Abovementioned 200 Locations are connected to
Worli Data Centre through MPLS and Point to Point connectivity. Worli Data Centre is connected
to the Cloud Services on which BMC’s applications are deployed.
5. The Supplier – The overall scope of work as well as roles & responsibilities for the selected
Supplier shall include but not limited to the Supply, Installation, Testing, Commissioning,
Operations, Maintenance, Design and Development of software applications for BMC as detailed in
this bid document. The Supplier’s teams will have following roles and responsibilities:
a. Project Manager: The project manager oversees the entire implementation process, ensuring
effective coordination and timely completion of tasks. Their responsibilities include:
Developing a detailed project plan, including milestones, deliverables, and
dependencies.
Planning and coordinating the implementation project, including resource allocation,
timelines, and risk management.
Assigning tasks and responsibilities to team members, and tracking progress.
Managing risks, issues, and changes throughout the implementation.
Facilitating communication and collaboration among stakeholders.
Reporting project status, including successes, challenges, and recommendations, to
executive leadership.
Overseeing the technical team and ensuring adherence to best practices and security
standards.
b. Technical Team: The technical team, including developers, system administrators, and IT
staff, plays a crucial role in implementing the information system. Their responsibilities
include:
Installing, configuring, and customizing the information system based on the
organization's requirements.
Integrating the software platform with existing systems, databases, or third-party
applications.
Testing and debugging the implementation to ensure functionality, performance, and
security.
Providing ongoing maintenance, updates, and support for the software platform.
Offering training programs or workshops for end users.
c. Legal and Compliance Team: The legal and compliance team of BMC and the Supplier
ensures that the implementation of the information system adheres to relevant laws,
regulations, and licensing requirements. Their responsibilities include:
Assessing the licensing terms and conditions of the information system and ensuring
compliance with applicable licenses.
Reviewing and approving any modifications or customizations to ensure compliance
with licensing obligations.
Evaluating data privacy and security considerations associated with the software
platform.
Providing guidance on intellectual property rights and legal implications of using
information system.
These stakeholders collaborate and coordinate their efforts to ensure a successful implementation of
the information system. Clear communication, well-defined roles and responsibilities, and effective
project management are essential for a smooth implementation process and the achievement of
desired outcomes.
B. Scope of Work
The BMC wishes to engage an agency (hereafter referred to as “Service Provider,” “Implementation
Agency,” “Technology Provider,” “OEM,” “System Integrator,” “Vendor,” and “Bidder”) for a period of
three years for providing a cutting-edge approach to BMC Portal Walkthroughs, incorporating Generative
AI to offer a user-centric and language-inclusive solution. By providing comprehensive knowledge and
step-by- step guidance, the AI Coach aims to transform the BMC Portal into a more accessible and user-
friendly platform for citizens, fostering increased engagement and satisfaction. The integration involves
seamlessly incorporating the AI Coach with an Omni Channel WhatsApp solution, specifically myBMC
Assist, to provide citizens with voice-based guidance. This innovative solution goes beyond traditional text-
based interactions and introduces a voice-enabled AI helpdesk in Marathi and English language.
The scope of work of the Supplier for the Information System includes the following: -
7. Pre-Implementation Scope
7.1. Inception Report
7.2. Project Implementation Plan
7.3. Site Survey Report
7.4. System Requirement Specifications
7.5. System Design Documents
7.6. Data Migration Plan
7.7. Requirement Traceability Matrix
7.8. Resource Deployment Plan
7.9. UAT / Testing Plan
7.10. Training Plan
7.11. Exit Management Plan
8. Implementation Scope
8.1. Supply, installation, configuration/customization of Information System (Bespoke / COTS software)
together with necessary databases and other software including integration with barcode reader,
biometric system/s, barcode, printer and displays for Electronic Queue. This includes supply of
genuine, full use and licenses of the Customizable Off-The-Shelf (COTS) software application /
solution suitable for functional and technical requirements specified in this bid document. The licenses
for proposed COTS software application / solution should be in the name of “BMC”. The Supplier
shall be responsible for understanding the functional requirements of the Information System solution
as detailed in this bid document. The scope also includes developing specific modules functionalities
which are not available in the proposed COTS software / application but are required as per the
requirements of BMC specified in this RFB.
8.2. Integration of Information System with other systems as detailed in relevant sections of the RFB
8.3. Hosting the solution at a centralized third-party location and augmenting the data center capacity as per
requirements
8.4. Providing disaster recovery site for the Information System solution and augmenting the disaster
recovery capacity as per the requirements.
8.5. Network connectivity between centralized third-party location hosting the solution, Worli Data Centre
of BMC and the disaster recovery site.
8.6. Supply, installation, testing and commissioning of client workstations / end devices at BMC offices /
locations under the scope of work of the contract
8.7. Management Systems for Information System application, Cloud Hosting Services, Network &
Communication Services, End Devices
8.8. Facilitate User Acceptance Testing and conducting pre-launch security audit and compliance of
Information System application
8.9. User training and roll-out of the Information System solution as per the implementation plan
9. Post Implementation Scope
9.1. Warranty defect repair services as detailed in the relevant section of this RFB
9.2. Annual Technical Support as detailed in the relevant section of this RFB
9.3. Supplier’s technical team support as detailed in the relevant section of this RFB
The development should be based on the industry standard practices & compatible with other similar
platforms so that in future/post contract period the development & associated data can be migrated
other platforms available at that time.
The scope of work for implementing Information System includes a range of activities and deliverables that
are necessary for the successful implementation of the system. Here is a general outline of the scope of
work for the proposed Information System implementation project:
1. Project Initiation
1.1. Define project objectives, scope, and timeline.
1.2. Identify key stakeholders and establish a project team.
1.3. Conduct a feasibility study and develop a business case.
1.4. Secure project funding and resources.
2. Requirement Gathering and Analysis
2.1. Conduct interviews and workshops with stakeholders to gather system requirements.
2.2. Analyse existing workflows, processes, and data management practices.
2.3. Identify functional and technical requirements for the Information System.
2.4. Prioritize requirements based on their importance and feasibility.
1.2 Consent and Authorization: Establish mechanisms to obtain and manage user consent for the
collection, use, and sharing of their data. The Information System should ensure that explicit
consent is obtained when required by law, and users have the ability to revoke or modify their
consent preferences.
1.3 Security Safeguards: Implement robust security measures to protect data from unauthorized access,
use, or disclosure. This includes technical and organizational safeguards such as access controls,
encryption, authentication mechanisms, audit trails, and incident response procedures.
1.5 Record Retention and Data Destruction: Comply with regulations regarding the retention and
disposal of records. Different types of data may have varying retention periods, and it is important
to adhere to legal requirements to ensure appropriate data retention and secure data destruction
when necessary.
1.6 Interoperability Standards: Ensure compliance with interoperability standards and regulations to
facilitate the exchange of information with other providers, systems.
1.7 Jurisdictional Requirements: Ensure compliance of local jurisdictional requirements that may be
made applicable where the Information System operates. These requirements can include
regulations governing data governance, or other aspects of service delivery.
Maintain an audit trail of user activities, document access, and modifications within the
Information System to support compliance, investigations, or audits.
Implement appropriate logging mechanisms and retain logs in accordance with legal and
regulatory requirements as specified by CERT-In.
2.1.1.10. Offers content and guidance in languages – Marathi and English, catering to a
diverse user base.
2.1.2. Generative AI Conversational Chat
2.1.2.1. Interactive dialogue to clarify user queries, provide explanations, and offer assistance
as needed.
2.1.2.2. It should be capable of performing general conversations like greetings, answering
questions about BMC and its services, etc.
2.1.2.3. It should utilize knowledge banks, and frequently asked questions to guide users
through various services, find out eligible schemes for them based on user’s location.
2.1.2.4. It should be able to learn from previous conversations, making future interactions
more personalized and efficient.
2.1.2.5. It should avoid unnecessary questions, make intelligent assumptions, and ask for
optimum information at a time.
2.1.2.6. It should understand a user's "intent" refers to its capability to comprehend the user's
motive or goal behind a particular query or statement. To improve a bot's ability to
recognize user intent, the chatbot needs to be trained using a variety of examples and
language resources.
2.1.2.7. It should be capable of having context-aware, end-to-end conversations without
restricting users with a certain template or pattern, able to understand multiple intents in
one sentence.
2.1.2.8. The platform must be equipped with a feature that converts speech into text and vice
versa with high accuracy to facilitate easy interaction.
2.1.2.9. During voice interactions, the BMC AI Guide should provide cues when it expects
the user to respond, avoiding assumptions. It should provide clear, concise, and planned
options for user responses.
2.1.3. A Feedback Mechanisms
2.1.3.1. Mechanisms for collecting user feedback, suggestions, and ratings to evaluate the
effectiveness of the walkthrough.
2.1.3.2. Opportunities for users to provide input on the clarity, usefulness, and overall
experience of the guidance provided.
2.1.4. Integration with External Systems
2.1.4.1. Integration with relevant backend systems, databases, APIs, and third-party services
to access information and perform actions.
2.1.4.2. Seamless integration with other digital platforms and applications to support end-to-
end processes such as analysis, with information about service usage, maintained
sessions, services availed per session, average interaction time, idle time etc.
2.1.5. Security and Compliance
2.1.5.1. Implementation of security measures to protect user data, prevent unauthorized
access, and ensure compliance with privacy regulations.
2.1.5.2. Encryption of sensitive information transmitted during interactions and storage.
2.1.6. Robotic Process Automation
2.1.6.1. Support for automating tasks involving data entry, form filling, data extraction,
report generation, and more.
2.1.6.2. Ability to automate repetitive, rule-based tasks across various applications and
systems without human intervention.
2.2. The High level architecture and their interactions/relationships is shown below for reference.
This includes mechanisms for user authentication, access controls, data encryption, audit trails,
and protection against unauthorized access or data breaches.
1.6 Integration Middleware: An Information System often requires middleware components to
facilitate data integration and exchange between different systems. Integration middleware acts
as a bridge, enabling seamless communication and data flow between the Information System
and external systems or modules within the Information System architecture. This may involve
the use of application programming interfaces (APIs), message queuing systems, or service-
oriented architecture (SOA) principles.
1.7 High Availability and Disaster Recovery: The Information System should be designed with high
availability and disaster recovery capabilities to ensure continuous access to information. This
may involve redundant hardware configurations, load balancing, fault tolerance mechanisms,
and data backup strategies to mitigate the impact of hardware or software failures, natural
disasters, or other disruptive events.
1.8 Analytics and Reporting Framework: The Information System architecture should include a
framework for data analytics and reporting.
1.9 Mobile Compatibility: With the increasing use of mobile devices, the Information System
architecture may need to support mobile compatibility. This includes the ability to access and
interact with the system using mobile applications or responsive web design optimized for
mobile devices.
1.10 Standards and Interoperability Compliance: The Information System architecture should
adhere to industry standards and interoperability frameworks to ensure compatibility and
seamless data exchange with other systems. Standards such as xml, csv etc. are commonly used
in the data exchange.
1.11 Natural Language Processing (NLP): The system should use advanced NLP techniques to
understand and respond to user queries in natural language.
1.12 Context awareness: The system should maintain context during conversations and
personalize responses based on user interactions.
4. Systems Administration and Management Functions Required to be met by
the Information System
The Systems Administration and Management functions of Information System involve the ongoing
monitoring, maintenance, and optimization of the system to ensure its smooth operation and effectiveness.
These functions are crucial for managing the technical infrastructure, user support, system upgrades, and
overall governance of the Information System. The Supplier MUST provide for following key Systems
Administration and Management functions of the Information System:
4.1 System Configuration:
Configuration options to customize and adapt the Information System to the organization's
needs, such as defining metadata attributes, document types, workflows, and templates.
Ability to configure system-wide settings, including security parameters, retention policies,
document storage locations, and system behavior.
4.2 User and Role Management:
Ability to create, manage, and delete user accounts within the Information System.
Role-based access control to assign different levels of privileges and permissions to users
based on their roles and responsibilities.
User provisioning and deprovisioning processes to efficiently manage user access.
4.3 Security and Access Control:
Centralized management of security features, including user authentication and
authorization mechanisms.
Ability to define and manage user roles, permissions, and access rights.
Integration with existing authentication systems, such as LDAP or Active Directory, for
seamless user management.
4.4 Data Management and Security:
Ensure data integrity, accuracy, and privacy by implementing robust data management
practices.
Regularly backup and archive data to prevent loss or corruption.
Implement security measures, such as user authentication, access controls, and encryption,
to protect sensitive information.
Stay updated with security best practices and address vulnerabilities through regular security
assessments and patch management.
4.5 Backup and Recovery:
Ability to schedule and perform regular backups of the Information System data.
Configurable backup options, such as full or incremental backups, and support for various
backup media or cloud storage.
Recovery mechanisms to restore the Information System to a previous state in case of data
loss or system failure.
4.6 System Integration and APIs:
Integrate APIs and develop integration capabilities to connect the Information System with
other systems or third-party applications.
Manage and configure integration settings, including authentication credentials, data
mapping, and synchronization options.
4.7 System Monitoring and Performance Management:
Monitor the Information System infrastructure, including hardware, servers, networks, and
databases, to ensure optimal performance.
Implement monitoring tools and processes to track system availability, response times, and
resource utilization.
Identify and address performance bottlenecks or issues to maintain system efficiency.
Logging and auditing capabilities to record and track user actions, document access,
modifications, and system events.
Capacity planning to ensure the Information System infrastructure can accommodate future
growth and increasing demands.
4.8 User Support and Training:
Provide user support and help desk services to address technical issues, system usage
queries, and troubleshooting.
Conduct regular training sessions to educate users on system functionalities and updates.
Develop user manuals, guides, and knowledge bases to assist users in utilizing the
Information System effectively.
4.9 Reporting and Analytics:
Reporting tools and features to generate predefined or custom reports on system usage,
performance, or document-related metrics.
Analytics capabilities to analyze and derive insights from the Information System data, such
as user behavior, document trends, or system performance.
4.10 Change Management and Governance:
Establish change management processes to control system changes and minimize disruptions.
Conduct impact assessments and risk analysis for proposed system changes or upgrades.
Define and enforce governance policies and procedures to ensure compliance with
regulatory requirements, industry standards, and organizational guidelines.
Establish a change control board or committee to review and approve system changes.
4.11 System Upgrades and Maintenance:
Plan and implement system upgrades, including software updates, bug fixes, and feature
enhancements.
Perform routine maintenance tasks, such as system configuration, optimization, and
database management.
Coordinate with vendors or development teams for system patches, bug resolutions, or new
feature implementations.
Schedule and perform system maintenance tasks, such as database optimization, index
rebuilding, or performance tuning.
4.12 System Evaluation and Continuous Improvement:
Monitor and evaluate the performance and effectiveness of the Information System against
defined objectives and metrics.
Collect user feedback and conduct surveys to gather insights for system improvement.
Identify areas for enhancement, prioritize system enhancement requests, and plan for future
developments or upgrades.
Stay updated with emerging technologies and industry trends to leverage innovations that
can benefit the Information System.
5. Performance Requirements of the Information System
Performance requirements for Information System define the desired levels of system performance in terms
of speed, responsiveness, scalability, and reliability. Meeting these requirements ensures that the
Information System can effectively handle user demands and provide timely access to information. The
Supplier shall fulfill following key performance requirements for an Information System:
5.1 Availability: The Information System should be highly available, ensuring uninterrupted
access to information. It should minimize downtime due to system maintenance, upgrades,
or unforeseen failures. Availability requirements are specified in Service Level Agreement
table.
5.2 Accuracy and Relevance: Conversations should be consistent with BMC's policies and
procedures, accurate in response to user queries, and relevant to the user's context and
intent.
5.3 Natural Language Understanding (NLU): The system should accurately understand user
queries and intents, even with typos, slang, and natural language ambiguities.
5.4 Response Time: The Information System should exhibit fast response times, ensuring that
users experience minimal delays when interacting with the system. Response times should
be optimized for various operations, such as searching transaction records, retrieving test
results, generating reports, or processing transactions. Response time requirements are
specified in Service Level Agreement table.
5.5 Throughput: The Information System should have the capability to handle a high volume of
transactions and user requests concurrently. It should be designed to handle peak loads
without significant performance degradation. Throughput requirements may be defined in
terms of the number of transactions processed per unit of time.
5.6 Scalability: The Information System should be scalable to accommodate increasing data
volumes, user loads, and system complexity. Scalability can be achieved through vertical
scaling (increasing hardware resources) or horizontal scaling (adding more servers or
instances). The system should be able to handle future growth and expansions without
sacrificing performance.
5.7 Concurrency: The Information System should support multiple concurrent users accessing
and updating data simultaneously. It should handle concurrent transactions without
conflicts, ensuring data consistency and avoiding data corruption or data integrity issues.
5.8 Security Performance: The Information System should incorporate robust security measures
without compromising system performance. This includes authentication and authorization
mechanisms, data encryption, and secure communication protocols. Security measures should
be implemented efficiently to prevent performance degradation. Response time
requirements are specified in Service Level Agreement table.
5.9 Data Retrieval and Reporting: The Information System should provide fast and efficient
data retrieval capabilities, enabling users to access transaction records, reports, and other
relevant information quickly. Report generation, including statistical reports and data
analytics, should be performed in a timely manner.
5.10 Data Import and Export: The Information System should support efficient and timely
data import and export processes. It should handle large data imports, without causing
significant delays or performance issues. Data exports for sharing with external systems or
generating data backups should also be performed in a reasonable timeframe.
5.11 System Monitoring and Logging: The Information System should include
mechanisms for system monitoring, performance tracking, and logging. It should provide
insights into system usage, resource utilization, and performance bottlenecks. Monitoring
and logging should be optimized to capture relevant information without causing excessive
system overhead.
The Supplier shall adhere to the following performance requirements table for the Information System,
showcasing different parameters and their associated performance targets:
Data Processing Time Time taken to process and analyze Less than 5 seconds for complex data
data processing tasks
Resource Utilization CPU, memory, and disk usage during CPU: Below 80% utilization; Memory:
peak load Below 70% utilization; Disk: Below 60%
Performance Monitoring Metrics tracked and reported for Real-time monitoring with reporting
system performance intervals of 1 minute
Security testing: Conduct thorough security testing, including vulnerability scanning and
penetration testing, to identify and remediate security weaknesses.
Secure configuration: Implement secure configuration settings for software, hardware, and network
components.
Encryption: Implement encryption mechanisms to protect sensitive data at rest and during
transmission. Employ encryption techniques to protect sensitive data, both during transit and at rest.
This includes encrypting data transmitted over networks (e.g., Transport Layer Security/Secure
Sockets Layer) and encrypting stored data (e.g., full disk encryption, database encryption).
Data Integrity: Ensure the integrity of transactions by employing mechanisms to detect and prevent
unauthorized modifications or tampering. Use digital signatures or checksums to verify the
integrity of transactions during storage and retrieval.
Data Privacy and Confidentiality: Ensure compliance with applicable data protection and privacy
laws (applicable in India). Implement measures to protect the privacy and confidentiality of data,
including access controls, data anonymization, de-identification techniques, and policies for handling
and sharing information.
Access controls: Implement appropriate access controls, including strong authentication,
authorization mechanisms, and least privilege principles.
6.3 Installation:
Secure installation: Ensure that hardware and software components are installed securely, following
best practices and secure configuration guidelines.
Security updates: Apply necessary security patches and updates to address known vulnerabilities in
the installed components.
System hardening: Disable unnecessary services, remove default accounts, and enforce secure
configurations for hardware and software.
Physical Security: Implement physical security measures to protect the Information System
infrastructure, such as data centers, servers, and networking equipment. This includes secure access
controls, surveillance systems, backup power supply, and environmental controls (e.g., temperature,
humidity).
Malware Protection: Deploy up-to-date antivirus and anti-malware solutions to detect and prevent
malicious software from infecting the Information System infrastructure, workstations, and servers.
Regularly update antivirus signatures and perform system scans to detect and mitigate any potential
threats.
6.4 Testing:
Security testing: Conduct regular security testing, including vulnerability assessments, penetration
testing, and security code reviews, to identify and remediate security vulnerabilities.
Incident response testing: Test incident response plans and procedures to ensure an effective
response to security incidents.
6.5 Commissioning:
User access controls: Implement user authentication, authorization, and access management
mechanisms.
Security monitoring: Deploy tools for monitoring system logs and detecting potential security
incidents.
Incident response: Establish procedures for handling security incidents and responding to breaches.
Establish an incident response plan and procedures to handle security incidents, breaches, or
unauthorized access attempts. This includes defining roles and responsibilities, incident reporting
mechanisms, and steps to mitigate the impact of security incidents.
System backups: Regularly back up system data to ensure data availability and recovery in case of
system compromises.
6.6 Deployment:
Change management: Establish processes for managing changes to the system and ensure that
security is considered during change implementation.
User awareness training: Provide security awareness training to system users to educate them about
security risks and best practices.
Secure remote access: Implement secure remote access mechanisms for authorized personnel.
Security audits: Conduct regular security audits to assess the effectiveness of security controls.
Security Audit to be conducted by CERT-In empanelled agency at a frequency specified by CERT-
In from time to time (which is twice a year at present) including compliance of the audit
observations
/ vulnerabilities within the time limit specified by CERT-In.
6.7 Operations:
User management: Implement strong user access controls, enforce password policies, and regularly
review user privileges. This includes user authentication (e.g., passwords, multi-factor
authentication), role-based access control (RBAC), and user privilege management.
Audit Trail and Logging: Maintain an audit trail and comprehensive logging system to record all
activities within the Information System. This includes user actions, system events, and access
attempts. Log files should be securely stored and regularly reviewed to detect and investigate any
suspicious or unauthorized activities.
Secure Communication: Implement secure communication protocols, such as encrypted channels
and virtual private networks (VPNs), to protect data transmitted between different components of
the Information System, as well as external systems or networks.
Security awareness training: Continuously train users to recognize and report security threats.
Conduct regular security awareness training for Information System users, including employees,
administrators, and other BMC staff. Educate them about security best practices, potential risks, and
their roles and responsibilities in maintaining the security of the Information System and transaction
data.
Continuous monitoring: Monitor system logs, network traffic, and security events to detect and
respond to security incidents.
Incident response: Maintain incident response capabilities and improve processes based on lessons
learned.
Backup and recovery: Regularly perform backups and test data restoration procedures. Implement
regular data backup procedures and disaster recovery plans to ensure data availability and business
continuity in the event of system failures, natural disasters, or other emergencies.
Vendor management: Apply security controls when engaging third-party vendors. Ensure that third-
party vendors and partners involved in the Information System implementation or providing related
services adhere to appropriate security measures. This includes conducting due diligence, defining
security requirements in contracts, and regularly assessing their security practices.
Compliance and Regulatory Requirements: Ensure compliance with relevant service regulations,
data protection laws, and industry standards that govern the handling of transaction information and
security practices.
6.8 Maintenance:
Vulnerability management: Regularly scan for vulnerabilities and apply necessary patches and
updates to address them. Stay up to date with the latest software updates, patches, and security
fixes provided by the Information System Supplier / Original Equipment Manufacturer (OEM).
Implement a patch management process to address any identified security vulnerabilities.
System updates: Keep software and firmware up to date to address security vulnerabilities.
Configuration management: Maintain proper configuration of system components.
Security incident response: Continuously improve incident response processes based on lessons
learned.
System retirement: Develop secure procedures for decommissioning and disposing of systems.
These security requirements help safeguard the information system and protect against potential threats and
vulnerabilities. It is important to adapt and update security measures to address emerging threats and
comply with applicable laws and regulations. Additionally, the Supplier should conduct regular security
assessments and engage with security professionals to ensure a comprehensive and robust security posture
throughout the system's lifecycle.
System Design:
0.9 System Architecture: Design the overall system architecture, including hardware and software
components, network infrastructure, and integration points with other systems. Consider scalability,
fault tolerance, and performance requirements.
0.10 Database Design: Design the database schema, tables, and relationships to store and manage
the Information System data. Consider data normalization, data integrity, and performance
optimization. Incorporate security measures such as access controls and encryption.
0.11 User Interface Design: Design intuitive and user-friendly interfaces for different user roles
and functionalities within the Information System. Consider usability principles, accessibility
requirements, and workflow efficiency. Create wireframes, mockups, or prototypes for
visualization.
0.12 System Integration: Identify interfaces and integration points with other existing
systems within the department / organization. Define data exchange formats, communication
protocols, and message standards.
System Development:
0.13 Software Development: Develop the Information System software components based on the
defined requirements and design specifications. Use appropriate programming languages,
frameworks, and development methodologies. Follow coding standards and best practices.
0.14 Testing and Quality Assurance: Conduct unit testing, integration testing, and system testing
to ensure that the Information System functions as expected. Perform performance testing, security
testing, and user acceptance testing. Identify and fix defects or issues.
0.15 Documentation: Create comprehensive documentation for the Information System, including
user manuals, system architecture documents, database documentation, and API specifications.
Document installation instructions, system configuration, and maintenance procedures.
0.16 Training and User Support: Develop training materials and conduct training sessions for
users to familiarize them with the Information System functionalities. Provide ongoing user support,
troubleshooting assistance, and system maintenance.
0.17 Documentation to be delivered as part of System Analysis, Design and Development
0.17.1 Project Inception Report containing the following
0.17.1.1 Project Implementation Plan: This document outlines the overall strategy, objectives,
and activities for implementing the Information System project. It includes a timeline, milestones,
resource allocation, and responsibilities. The implementation plan serves as a roadmap for the
project team and stakeholders.
0.17.1.2 Communication Plan: The communication plan details how project communication will be
managed throughout the implementation process. It includes information on communication
channels, frequency, stakeholders, and the types of information to be communicated. The plan
ensures effective communication among project team members, stakeholders, and users.
0.17.1.3 Risk Management Plan: The risk management plan identifies potential risks and
outlines strategies for mitigating and managing them. It includes a risk register, risk assessment, and
risk response plans. The plan helps anticipate and address potential obstacles that may arise during
the implementation of the Information System.
0.17.1.4 Training Plan: The training plan defines the approach for training end-users on how to use
the Information System effectively. It includes training objectives, curriculum, delivery methods,
schedules, and resources required for training. The plan ensures that end-users receive the necessary
knowledge and skills to utilize the Information System.
0.17.1.5 Data Migration Plan: If there is a need to migrate existing data to the new Information
System, a data migration plan is essential. It outlines the process, tools, and timeline for transferring
data from the old system to the new Information System. The plan ensures the smooth and accurate
transfer of data to maintain continuity of transaction records and information.
0.17.1.6 Testing and Quality Assurance Plan: The testing and quality assurance plan defines the
approach for testing the Information System for functionality, performance, and accuracy. It
includes test objectives, test cases, test scripts, and acceptance criteria. The plan ensures that the
Information System meets the defined requirements and quality standards before going live.
0.17.1.7 Change Management Plan: The change management plan addresses how changes and
updates to the Information System will be managed during and after implementation. It
includes change request processes, change control procedures, and change impact assessment. The
plan helps minimize disruption and ensures that changes are implemented smoothly.
0.17.1.8 Go-Live Plan: The go-live plan outlines the activities, procedures, and timelines for
transitioning from the development phase to the operational use of the Information System. It
includes tasks such as system deployment, user training, data migration, and post-go-live support.
The plan ensures a smooth and successful transition to the live environment.
0.17.2 Functional Requirement Specification (FRS) Document in the following format:
0.17.2.1 Introduction:
Purpose of the document
Scope of the Information System project
Overview of the Information System system and its key functionalities
0.17.2.2 System Overview:
Brief description of the Information System
High-level architecture and components
Integration with other systems, if applicable
0.17.2.3 Functional Requirements:
Detailed description of each functional requirement
Use cases or scenarios illustrating the requirement
Inputs and outputs associated with each requirement
Business rules or constraints related to the requirement
0.17.2.4 User Roles and Permissions:
Description of different user roles within the Information System
Definition of permissions and access levels for each role
Functional requirements specific to user roles and permissions
0.17.2.5 User Interface Design:
Description of the user interface elements and layout
Navigation and usability guidelines
Screen mock-ups or wireframes, if available
seamlessly with the organization's workflows, minimizing disruptions and facilitating user
adoption.
8.3 Reporting and Analytics Customization: Customize the reporting and analytics capabilities of
the Information System to generate organization-specific reports and dashboards. This includes
creating custom report templates, adding or modifying data visualizations, and incorporating
specific metrics or key performance indicators (KPIs) relevant to the organization's needs.
8.4 Data Customization: Customize the data model and data attributes to accommodate
organization- specific data requirements. This may involve adding or modifying data fields,
defining custom data validation rules, or integrating additional data sources relevant to the
organization's operations.
8.5 Search and Retrieval:
Customize search functionalities to support advanced search options based on specific
metadata, document content, or user-defined criteria.
Configure search filters, facets, and sorting options to enhance document retrieval and
improve user experience.
8.6 Mobile Access:
Customize mobile access capabilities to enable users to access and work with documents
through mobile devices.
8.7 Integration Customization: Customize the Information System to integrate with other systems
and technologies already in use by the organization. This may involve developing custom
interfaces, APIs, or data exchange protocols to enable seamless integration with other systems.
8.8 Security and Access Control Customization: Customize the access control mechanisms to align
with the organization's security policies and user roles. This includes defining user permissions,
access levels, and data visibility based on the organization's hierarchy and confidentiality
requirements.
8.9 Localization and Language Customization: Customize the Information System to support
multiple languages or specific regional requirements. This includes translating user interfaces,
labels, and reports into different languages and incorporating region-specific standards or
regulatory requirements.
8.10 Alert and Notification Customization: Customize the alert and notification system to reflect
the organization's preferred communication channels, escalation procedures, and priority levels.
This ensures that alerts and notifications reach the right stakeholders in a timely manner,
facilitating effective communication and decision-making.
8.11 Forms and Templates Customization: Customize the pre-built forms and templates provided
by the Information System to match the organization's documentation needs. This includes
modifying standard templates for user registration, consent forms etc.
8.12 System Configuration Customization: Customize the system configuration settings to
align with the organization's preferences and requirements. This includes defining default
values, system behaviors, notification settings, and system-wide parameters.
It's important to note that customization should be carefully planned and implemented to maintain system
stability, upgradeability, and supportability. Customizations should be thoroughly tested and documented,
and consideration should be given to the potential impact on future system updates and maintenance. The
Supplier shall ensure that customizations align with best practices and are compatible with the system's
overall architecture.
Management (HRM) systems etc., to enable Information System within the context of broader
business processes.
....
.....
Other Applications, as and when requested by the department
Integrate with State and National Portals for publishing various reports, information for
public consumption.
Integrate with GIS Maps of BMC
The Implementation agency shall ensure the integration of Information System application
with GIS maps (already available with BMC) for spatial and non-spatial data for analysis
and decision making by providing better services. GIS coupled with services data would
assist BMC with policy making decisions, setting goals, and evaluating outcomes by linking
service data with socio-demographic, environmental, administrative, and services
infrastructure.
As a part of its various IT initiatives, BMC has identified GIS as one the focused areas to aid
in solving complex problems and facilitate better decision making. BMC has an enterprise
GIS setup in the form of a centralized geodatabase having the base map and other
departmental geographical layers. The base map used by BMC is prepared using aerial
photographs and high-resolution satellite imageries. This was then superimposed with
certain departmental layers. Also, BMC has an existing vendor working for GIS to build the
base map and develop applications over it.
Existing GIS Platform at BMC
GIS Package – ESRI ArcGIS suite (ArcGIS server & Arcviewers + ArcEditors)
RDBMS – Oracle 10g
Server OS – RHEL
1.8 Reporting and Analytics Integration:
Provide integration capabilities with reporting or analytics platforms to extract and analyze
document-related metrics, user activities, or system performance data.
Enable data exchange between the Information System and these platforms to generate
comprehensive reports or perform advanced analytics on Information System processes.
10. Training and Training Materials
Training is a critical component in the successful implementation and adoption of Information System. It
ensures that users are equipped with the necessary knowledge and skills to effectively use the Information
System. The Supplier shall provide following key training and training materials for the Information
System:
10.1 Training Needs Assessment: Conduct a thorough assessment to identify the training needs
of different user groups within the department/s / organization. Consider the varying levels
of computer literacy, job roles, and responsibilities to determine the specific training
requirements.
10.2 Training Plan Development: Develop a comprehensive training plan that outlines the
training objectives, target audience, training methods, timelines, and resource requirements.
The plan should address both initial training needs during system implementation as well as
ongoing training needs for new staff and system updates.
10.3 Training Content Creation: Develop training materials, such as user manuals, guides,
tutorials, and interactive e-learning modules, that cover all relevant aspects of the
Information System. The content should be structured and organized in a user-friendly
manner, providing step-by-step instructions, screenshots, and examples to facilitate
understanding.
10.4 Instructor-Led Training: Conduct instructor-led training sessions where experienced trainers
deliver training in a classroom or virtual environment. The sessions should cover
Information System functionalities, workflows, data entry procedures, reporting, and any
customizations specific to the organization. Interactive discussions, demonstrations, and
hands-on exercises can enhance learning outcomes.
10.5 On-Site Training: Provide on-site training to ensure that users can relate the Information
System training directly to their work environment. This enables them to understand how to
navigate the Information System within their specific departments and perform tasks
relevant to their roles.
10.6 Train-the-Trainer Program: Implement a train-the-trainer program to develop internal
trainers who can deliver ongoing training and provide support to new employees. These
trainers should possess a deep understanding of the Information System and effective
training techniques to ensure consistent and quality training delivery.
10.7 Role-Based Training: Tailor training programs to specific user roles and job functions
within the department/s / organization. Different departments, such as nursing, billing,
pharmacy, or administration, may require training sessions focused on their specific
workflows and system functionalities.
10.8 User Training:
Provide comprehensive training programs for end-users who will interact with the
Information System on a regular basis.
Cover fundamental concepts, features, and functionalities of the Information System,
tailored to different user roles and responsibilities.
Include hands-on exercises and practical examples to reinforce learning and application of
Information System capabilities.
Train users on document creation, upload, retrieval, version control, metadata management,
search techniques, and collaboration features.
Demonstrate best practices for efficient document organization, folder structures, and
document sharing within the Information System.
Address common user scenarios and challenges, such as handling large documents,
managing document permissions, or resolving access issues.
10.9 Administrator Training:
Provide specialized training for system administrators or IT staff responsible for managing
and maintaining the Information System infrastructure.
Cover system configuration, installation, upgrades, and backup and recovery procedures.
Train administrators on user and group management, access control settings, and security
configurations within the Information System.
Provide guidance on managing document types, metadata schemas, workflows, and
retention policies.
10.10 Ongoing Training and Support: Provide ongoing training and support to
accommodate staff turnover, system updates, and continuous improvement. This may
include refresher courses, advanced training for power users, periodic training sessions on
new features, and access to a dedicated support channel for addressing user questions and
issues.
10.11 Training Evaluation and Feedback: Regularly evaluate the effectiveness of the
training programs through assessments, quizzes, and feedback surveys. Gather feedback
from trainees to identify areas for improvement and incorporate suggestions into future
training sessions.
10.12 Documentation and Knowledge Base: Maintain a comprehensive documentation
repository and knowledge base that includes training materials, FAQs, troubleshooting
guides, and best practices. This serves as a reference for users to reinforce their learning and
find answers to common questions.
10.13 User Support Channels: Establish user support channels, such as a helpdesk, online
ticketing system, or dedicated support team, to address user queries, issues, and requests for
assistance. Prompt and efficient support is crucial in ensuring user confidence and
satisfaction with the Information System.
It's important to allocate adequate resources, including trainers, training facilities, and training
technology, to ensure the successful delivery of training programs. The Supplier shall regularly assess
the effectiveness of the training initiatives and make necessary adjustments to continuously improve the
user training experience. By addressing these training requirements, the Supplier can ensure that users
and administrators have the necessary knowledge and skills to leverage the full potential of the
Information System, resulting in increased productivity, improved Information System practices, and
successful adoption of the system within the organization.
11. Data Conversion and Migration
Data conversion and migration are crucial processes in the implementation Information System as they
involve transferring data from legacy systems (existing Information System of BMC) or existing formats
into the new Information System. The Supplier shall fufill following key requirements for data conversion
and migration in the new Information System:
11.1 Data Mapping and Analysis: Analyze the existing data sources and formats to understand the
structure, content, and quality of the data. Identify the data elements and attributes that need to be
migrated to the new Information System. Perform data mapping, which involves matching the fields
and values from the legacy system to the corresponding fields in the Information System.
11.2 Data Cleansing and Validation: Before migrating the data, it is essential to clean and validate the
existing data. This process involves identifying and correcting errors, inconsistencies, and
duplicates in the data. Conduct data quality checks and implement data cleansing procedures to
ensure that the migrated data is accurate, complete, and reliable.
11.3 Data Extraction and Transformation: Extract the relevant data from the legacy systems or
existing sources. Transform the data into the required format or structure that is compatible
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with the
and network configurations. This documentation provides an overview of the system and serves
as a reference for system administrators and IT personnel.
12.2 User Manuals and Guides: Develop user manuals and guides that explain how to navigate and
use the Information System. These documents should provide step-by-step instructions,
screenshots, and examples to assist users in performing various tasks within the system. User
manuals can cover different modules or functionalities of the Information System, tailored to
specific user roles or departments.
12.3 Standard Operating Procedures (SOPs): Document the standard operating procedures that
outline the recommended processes and workflows within the Information System. SOPs
provide guidelines for tasks such as user registration, appointment scheduling, data entry, result
reporting, and billing. They help ensure consistency, accuracy, and efficiency in the use of the
Information System across the organization.
12.4 Data Dictionary: Prepare a data dictionary that defines the data elements, attributes, and their
meanings within the Information System. This document provides a common understanding of
the data used in the system and facilitates data entry, reporting, and analysis. The data
dictionary should include definitions, data types, allowable values, and any specific business
rules or constraints associated with each data element.
12.5 Reporting and Analytics Documentation: Document guidelines and instructions for generating
reports and analyzing data within the Information System. This includes information on
available report templates, report parameters, filters, and visualization options. The
documentation should also cover data extraction methods, data export formats, and any custom
reporting features or tools.
12.6 Configuration and Customization Documentation: Document the configuration settings and
customization options available in the Information System. This includes instructions on how to
modify system settings, user roles, access controls, and preferences. The documentation should
also cover guidelines for implementing and maintaining any customizations or system
enhancements.
12.7 Training Materials: As mentioned earlier, develop training materials such as training manuals,
presentations, and e-learning modules. These materials should be documented and organized in
a manner that supports the training programs for Information System users. They serve as a
reference for trainees and can be used for future training sessions.
12.8 Change Management Documentation: Document any changes or updates made to the
Information System, including new features, bug fixes, and system enhancements. This
includes release notes, change logs, and version control documentation. Tracking and
documenting changes help ensure transparency, traceability, and facilitate system maintenance
and troubleshooting.
12.9 Support and Troubleshooting Documentation: Create documentation that outlines common
issues, errors, and their resolutions related to the Information System. This documentation can
include FAQs, troubleshooting guides, and known issues with their workarounds. It helps
support personnel to efficiently handle user queries, address issues, and provide timely
assistance.
12.10 Disaster Recovery and Business Continuity Documentation: Develop documentation that
outlines the disaster recovery and business continuity plans for the Information System. This
includes procedures for data backup, system restoration, contingency measures, and the roles
and responsibilities of personnel during emergencies. Documentation should also cover data
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security
measures, backup schedules, and recovery point objectives (RPO) and recovery time objectives
(RTO).
Regular update and maintenance of the documentation should reflect any changes or updates to the
Information System. The Supplier shall ensure that the documentation is easily accessible to relevant
stakeholders and kept in a secure and organized manner. Good documentation practices will help facilitate
system understanding, user adoption, support activities, and system maintenance in the long run.
13.8 Project Management: The Supplier's technical team should include project managers who can
effectively plan, coordinate, and oversee the implementation process. They should have
experience in managing similar projects, ensuring adherence to timelines, and addressing any
project-related issues or risks.
13.9 Training and Support: The technical team should provide comprehensive training to end-users
on the Information System functionalities, usage, and administration. They should be capable of
delivering effective training sessions, addressing user questions, and providing ongoing support
during and after the implementation process. This includes offering helpdesk services or a
dedicated support channel for prompt assistance.
13.10 System Upgrades and Maintenance: The Supplier's technical team should be responsible for
system upgrades, patches, and maintenance. They should ensure that the Information System
and the applications remains up-to-date with the latest software versions, security updates, and
bug fixes. The team should proactively monitor the system's performance, address any technical
issues, and apply necessary upgrades or fixes when required.
report, as well as summarized below. However, the list below is just for reference and is not to be treated as
exhaustive.
Area Standard
Information access/ transfer protocols SOAP, HTTP/HTTPS
Interoperability Web Services, Open standards
Information Security System to be ISO27001 compliant
Operational integrity and security
System to be ISO17799 compliant
management
IT Infrastructure management ITIL / EITM specifications
Service Management ISO 20000 specifications
Project Documentation IEEE/ISO specifications for documentation
Internet Protocol IPv4 and IPv6 ready equipment
Information System Application Web enabled application
14.6 ISO 27001 certification
The implementation agency has to apply, obtain and maintain the ISO 27001 certification for the project.
The cost incurred for obtaining and maintaining the certification shall be borne by the Supplier. The
Information System project shall comply with ISO 27001 standards and the Supplier shall get the certificate
within three quarters from the date of Operational Acceptance of Information System failing which the
subsequent payments will be deferred till the certification is obtained.
14.7 Compliance with Industry Standards:
In addition to above, the proposed solution has to be based on and compliant with industry standards (their
latest versions as on date) wherever applicable. This will apply to all the aspects of solution including but
not limited to design, development, security, installation, and testing. There are many standards that are
summarised below. However the list below is for reference purposes only and is not to be considered as
exhaustive.
14.7.1 Portal development W3C specifications
14.7.2 Information access/transfer protocols SOAP, HTTP/HTTPS
14.7.3 Photograph JPEG (minimum resolution of 640 x 480 pixels)
14.7.4 Scanned documents TIFF (Resolution of 600 X 600 dpi)
14.7.5 Biometric framework BioAPI 2.0 (ISO/IEC 19784-1:2005)
14.7.6 Latest HTML standards
14.8 While developing an application in response to this RFB, the SI shall adhere to all applicable
policies and standards published by Government of India, which includes:
14.8.1 Ministry of Electronics and Information Technology, Government of India as updated from time to
time. The latest version of the standards may be found at https://egovstandards.gov.in
14.8.2 National Informatics Corporation The latest version of the standards may be found at
web.guidelines.gov.in/
14.8.3 Guidelines for Indian Government Websites (GIGW), available at :
http://darpg.gov.in/sites/default/files/Guidelines_for_Government_ websites_0_0.pdf
14.8.4 “Policy on Open Application Programming Interfaces (APIs) for Government of India” available at:
http://www.egazette.nic.in/WriteReadData/2015/164238.pdf
14.8.5 “Policy on Adoption of Open Source Software for Government of India” available at URL
http://www.egazette.nic.in/WriteReadData/2015/163746.pdf
14.8.6 “Policy On Collaborative Application Development by Opening the Source Code of Government
Applications”, available at: http://www.egazette.nic.in/WriteReadData/2015/164611.pdf
14.8.7 “Policy on Adoption of Open Source Software for Government of India”, available at
URL: http://www.egazette.nic.in/WriteReadData/2015/163746.pdf
It is crucial to consult with legal professionals and experts who specialize in Government service delivery
and data protection laws to ensure compliance with specific legal requirements in your jurisdiction.
Additionally, the cloud hosting provider should be able to provide detailed information on their security
measures, compliance certifications, and data protection practices.
15.2 Functional requirements of cloud hosting services for Information System
When considering cloud hosting services for Information System, there are several functional requirements
that should be considered. These requirements focus on the capabilities and features needed to effectively
host and manage the Information System in the cloud. The Supplier shall fulfill following common
functional requirements of cloud hosting services for Information System:
These functional requirements will ensure that the cloud hosting service can effectively meet the needs of
hosting and managing an Information System, providing a reliable, scalable, secure, and performant
environment for data and applications.
15.3 Architectural requirements of cloud hosting services for Information System
Architectural requirements of Cloud Hosting Services for Information System project
When considering the architectural requirements of cloud hosting services for an Information System
project, several factors should be taken into account. The Supplier shall fulfill following key architectural
requirements:
15.3.1 Scalability: The cloud hosting architecture should support scalability to accommodate the
growing needs of the Information System project. It should allow for easy scaling up or
down of resources based on demand to ensure optimal performance and cost-efficiency.
15.3.2 High Availability: The cloud hosting architecture should provide high availability to ensure
uninterrupted access to the Information System system. It should include redundancy and
failover mechanisms to minimize downtime and maintain system availability in the event of
hardware or software failures.
15.3.3 Fault Tolerance: The architecture should be designed to be fault-tolerant, meaning that it can
continue to function properly even if certain components or services fail. This may involve
implementing redundant systems, load balancing, and automated failover mechanisms.
15.3.4 Security: Security is of utmost importance in an Information System project. The cloud
hosting architecture should incorporate robust security measures to protect sensitive
transaction data and ensure compliance with relevant regulations. This may include
encryption, access controls, intrusion detection and prevention systems, and regular security
audits.
15.3.5 Data Backup and Disaster Recovery: The architecture should include provisions for regular
data backups and disaster recovery. This involves storing data in multiple geographically
dispersed locations and implementing backup and recovery mechanisms to minimize data
loss and facilitate quick system restoration in the event of a disaster.
15.3.6 Network Connectivity: The architecture should provide reliable and high-speed network
connectivity to ensure efficient communication between the Information System system
components and end-users. This may involve selecting appropriate network providers and
implementing robust networking infrastructure.
15.3.7 Integration Capabilities: The cloud hosting architecture should support seamless integration
with other systems and services. This allows for data exchange and interoperability between
different components of the Information System ecosystem.
15.3.8 Monitoring and Performance Management: The architecture should include monitoring and
performance management capabilities to track system performance, identify bottlenecks, and
ensure optimal resource utilization. This may involve implementing monitoring tools,
performance analytics, and automated alerts for proactive issue resolution.
15.3.9 Compliance and Regulatory Requirements: The architecture should facilitate compliance
with relevant regulatory requirements, such as data privacy and security regulations. It
should support features like data encryption, audit trails, and access controls to meet the
specific compliance needs of the Information System project.
15.3.10 Cost Optimization: The architecture should consider cost optimization strategies to ensure
efficient resource utilization and minimize operational costs. This may involve using cost-
effective cloud service models, such as on-demand pricing, reserved instances, or spot
instances.
15.4 System administration and management function requirements for cloud hosting services
for Information System
When utilizing cloud hosting services for Information System, there are several system administration and
management function requirements to consider. These requirements focus on the tasks and responsibilities
necessary to effectively administer and manage the Information System in a cloud environment. The
Supplier shall fulfill following common system administration and management function requirements for
cloud hosting services for Information System:
Logging and tracking incidents and problems, prioritizing them based on severity and
impact, and ensuring timely resolution.
Conducting root cause analysis for major incidents and implementing preventive measures
to minimize their recurrence.
15.4.6 Change and Release Management:
Planning and managing changes to the Information System and the cloud environment in a
controlled manner.
Performing impact assessments for proposed changes and coordinating with relevant
stakeholders for approvals and scheduling.
Implementing version control and change tracking mechanisms to ensure proper
documentation and accountability for system changes.
15.4.7 User Access and Identity Management:
Managing user access and authentication mechanisms for the Information System and the
cloud environment.
Configuring user roles, permissions, and access controls to enforce proper data security and
privacy.
Implementing strong authentication mechanisms, such as multi-factor authentication, to
protect user accounts.
15.4.8 Reporting and Documentation:
Generating regular reports and documentation related to system administration and
management activities, such as system performance reports, incident reports, and
compliance documentation.
Maintaining up-to-date documentation of the cloud environment, including configurations,
network diagrams, and system procedures.
These system administration and management function requirements ensure that the cloud hosting services
for Information System are effectively managed and maintained, providing a secure, stable, and well-
performing environment for data and applications.
15.5 Performance requirements of cloud hosting services for Information System
When considering performance requirements for cloud hosting services for Information System, it is
important to ensure that the cloud infrastructure can deliver the necessary performance to support the
system's needs. The Supplier shall fulfill following key performance requirements:
15.5.1 Response Time: The cloud hosting service should provide low response times to ensure a smooth
user experience. The Information System should be responsive and provide quick access to data and
functionalities.
15.5.2 Scalability: The cloud infrastructure should be capable of scaling resources to accommodate varying
workloads. This allows the Information System to handle increased user traffic or data processing
requirements without significant performance degradation.
15.5.3 Availability: The cloud hosting service should guarantee a high level of availability, minimizing
downtime and ensuring the Information System is accessible to users whenever needed. This can be
achieved through redundancy, fault-tolerant architectures, and effective disaster recovery
mechanisms.
15.5.4 Network Performance: The cloud hosting service should provide robust network connectivity with
high bandwidth and low latency. This ensures efficient data transfer between the Information
System and its users or external systems.
15.5.5 Data Transfer Speed: The cloud infrastructure should support fast data transfer speeds, particularly
when exchanging large volumes of data. This is essential for activities such as uploading and
downloading transaction records, images, or other data.
15.5.6 Database Performance: If the Information System relies on a database system, the cloud hosting
service should ensure optimal database performance. This includes efficient query execution,
indexing strategies, and appropriate database configuration to handle concurrent access and large
data volumes.
15.5.7 Load Balancing: The cloud infrastructure should have load balancing mechanisms to distribute the
workload evenly across multiple servers or instances. This helps prevent resource bottlenecks and
ensures optimal performance even during peak usage periods.
15.5.8 Monitoring and Performance Optimization: The cloud hosting service should provide monitoring
tools and analytics to track system performance. This allows administrators to identify and address
performance bottlenecks, optimize resource utilization, and fine-tune the Information System for
optimal performance.
15.5.9 Storage Performance: If the Information System relies on cloud storage services, the performance of
data storage and retrieval should meet the system's requirements. This includes fast access to
transaction records, images, or other stored data.
15.5.10 Integration Performance: If the Information System integrates with external systems or APIs, the
cloud hosting service should ensure efficient integration and data exchange. This includes reliable
and fast communication with external systems to minimize delays and support real-time data
synchronization.
It is important to collaborate closely with the cloud hosting service provider to understand their
performance capabilities and discuss specific performance requirements for the Information System.
Regular performance testing and monitoring can help identify any performance issues and allow for
proactive optimization and fine-tuning of the system.
15.6 Security requirements of cloud hosting services for Information System
When considering the security requirements of cloud hosting services for Information System, it is crucial
to prioritize the protection of sensitive data and ensure compliance with relevant regulations. The Supplier
shall fulfill following key security requirements:
15.6.1 Data Encryption: The cloud hosting service should provide robust encryption mechanisms to protect
data at rest and in transit. This includes encryption of data stored in databases or cloud storage, as
well as encryption of data transmitted over networks.
15.6.2 Access Control: The cloud hosting service should offer strong access control mechanisms to ensure
that only authorized individuals can access the Information System and its data. This includes user
authentication, role-based access control (RBAC), and fine-grained permissions management.
15.6.3 Network Security: The cloud infrastructure should have secure network configurations, including
firewalls, intrusion detection and prevention systems (IDS/IPS), and virtual private networks
(VPNs). These measures help protect the Information System from unauthorized network access
and mitigate the risk of network-based attacks.
15.6.4 Threat Detection and Prevention: The cloud hosting service should have robust security monitoring
systems in place to detect and respond to security threats promptly. This includes real-time
monitoring
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of system logs, network traffic analysis, and the use of security information and event management
(SIEM) tools.
15.6.5 Vulnerability Management: The cloud hosting service should regularly assess the system for
vulnerabilities and apply necessary security patches and updates. This includes conducting
vulnerability scans, penetration testing, and implementing a formal patch management process.
15.6.6 Data Backup and Disaster Recovery: The cloud hosting service should offer reliable data backup
and disaster recovery mechanisms to ensure data integrity and availability in the event of system
failures or disasters. This includes regular backups, off-site storage, and well-defined recovery
procedures.
15.6.7 Recovery Point Objective (RPO) and Recovery Time Objective (RTO)
Recovery Point Objective (RPO): RPO refers to the maximum amount of data loss that is deemed
acceptable during the recovery process. It defines the point in time to which data must be recovered
in order to resume normal operations. For an Information System, the RPO determines how
frequently data backups or replication should be performed. A smaller RPO indicates a lower
tolerance for data loss, meaning that more frequent backups or real-time replication may be required
to minimize data loss in case of a failure. For this Information System project the RPO required to
be maintained is 15minutes.
Recovery Time Objective (RTO): RTO is the maximum tolerable duration of time within which the
Information System must be recovered and made operational after a system failure or disaster. It
represents the target time for system recovery and resumption of normal operations. The RTO
includes the time required for system diagnosis, data restoration, system repair, and any necessary
testing or validation. Achieving a shorter RTO typically involves implementing robust backup and
recovery processes, efficient system monitoring, and automated failover mechanisms. For this
Information System project the RTO required to be maintained is 2 hours.
15.6.8 Regulatory Compliance: The cloud hosting service should comply with relevant regulatory
requirements, such as local data protection laws. It should provide necessary safeguards and
controls to protect user’s privacy and ensure compliance with data protection regulations.
15.6.9 Security Incident Response: The cloud hosting service should have a well-defined incident response
plan and procedures to handle security incidents effectively. This includes prompt incident
detection, containment, investigation, and communication of security breaches or incidents to
relevant stakeholders.
15.6.10 Physical Security: The cloud hosting service should have physical security measures in place to
protect the data centers where the Information System is hosted. This includes access controls,
video surveillance, environmental controls, and disaster-resistant infrastructure.
15.6.11 Security Auditing and Compliance Reporting: The cloud hosting service should provide regular
security audits and compliance reporting to demonstrate adherence to security standards and
regulations. This includes providing audit logs, security assessment reports, and other
documentation as required.
It is essential to thoroughly evaluate the security capabilities and certifications of the cloud hosting service
provider. Additionally, ensure that a formal agreement is established to clearly define the security
responsibilities and obligations of both parties. Regular security assessments and audits can help validate
the security posture of the Information System and ensure ongoing compliance with security requirements.
15.7 Documentation requirements of cloud hosting services for Information System
When it comes to documentation requirements for cloud hosting services for Information System, it is
important to have comprehensive documentation to ensure effective system management, security, and
compliance. The Supplier shall fulfill following key documentation requirements:
15.7.1 System Architecture and Configuration: Document the overall system architecture of the cloud
hosting environment, including details of servers, networking components, storage systems, and
virtualization technologies. Capture the configuration settings and parameters that are specific to the
Information System deployment, such as virtual machine configurations, load balancing settings,
and network configurations.
15.7.2 Security Documentation: Document the security measures implemented within the cloud hosting
environment, including access control mechanisms, encryption methods, and network security
configurations. This should include details on user access policies, authentication mechanisms,
firewall rules, intrusion detection systems, and any other security features or controls in place.
15.7.3 Data Management and Backup: Document the data management practices, including data backup
and restoration procedures within the cloud hosting environment. This should cover details such as
backup schedules, retention periods, backup storage locations, and procedures for data recovery in
case of a disaster or data loss.
15.7.4 Disaster Recovery Plan: Document the disaster recovery plan for the Information System, outlining
the steps and procedures to be followed in the event of a system failure or major disruption. This
should include details on data replication, failover mechanisms, recovery time objectives (RTOs),
and recovery point objectives (RPOs).
15.7.5 Compliance Documentation: Document the compliance measures and certifications relevant to the
cloud hosting service and the Information System. This may include documentation related to
regulatory compliance standards such as local data protection laws. Maintain copies of compliance
certificates, audit reports, and any other relevant documentation.
15.7.6 Incident Response and Handling: Document the incident response plan for the Information System,
outlining the steps to be followed in the event of a security breach or incident. This should cover
incident detection, response, containment, investigation, and reporting procedures. Include contact
details of relevant stakeholders and incident response team members.
15.7.7 Change Management: Document the change management processes and procedures related to the
cloud hosting environment and the Information System. This should cover details on how changes
to the system are requested, reviewed, approved, implemented, and tested. Include change request
forms, change approval records, and change implementation plans.
15.7.8 User Manuals and Guides: Develop user manuals and guides specifically tailored to the Information
System deployment in the cloud hosting environment. These should provide detailed instructions on
how to access and use the system, along with any specific features or functionalities available.
15.7.9 Monitoring and Performance Documentation: Document the monitoring and performance
management practices within the cloud hosting environment. This should include details on the
monitoring tools used, performance metrics tracked, and any performance optimization strategies or
recommendations.
15.7.10 Support and Contact Information: Maintain an up-to-date list of support contacts, including the
cloud hosting service provider's support team and any third-party vendors or consultants involved in
supporting the Information System. Include contact information, escalation procedures, and
response time expectations.
Regularly review and update the documentation as the Information System evolves, and ensure that it
remains accessible to relevant stakeholders. Effective documentation helps ensure smooth system
management, troubleshooting, and compliance with applicable regulations and standards.
16.1.1 Data Privacy Laws: Comply with applicable data privacy laws and regulations, such as the Digital
Personal Data Protection (DPDP) Act 2023. These laws govern the collection, storage, and
processing of personal information and impose strict requirements on data protection, access
controls, and data breach notification.
16.1.2 Network Security: Implement appropriate security measures to protect the Information System
network and data from unauthorized access, data breaches, or other security incidents. This includes
using firewalls, intrusion detection and prevention systems, access controls, encryption, and regular
security assessments.
16.1.3 Access Controls: Implement strong access controls to ensure that only authorized personnel have
access to the Information System network and data. This includes unique user accounts, strong
passwords, role-based access controls, and regular user access reviews.
16.1.4 Network Monitoring: Implement network monitoring and logging mechanisms to detect and
respond to security incidents, unauthorized access attempts, or other network anomalies. Monitoring
can help identify and mitigate potential security threats and ensure compliance with legal
requirements.
16.1.5 Data Transmission Encryption: Use encryption technologies, such as Secure Sockets Layer (SSL) or
Transport Layer Security (TLS), to secure the transmission of sensitive data over the network. This
helps protect data from unauthorized interception or tampering during transmission.
16.1.6 Network Resilience and Redundancy: Implement network redundancy and failover mechanisms to
ensure the availability and resilience of the Information System network. This may include
redundant network connections, load balancing, backup systems, and disaster recovery plans.
16.1.7 Compliance with Telecommunications Laws: Comply with applicable telecommunications laws and
regulations, such as those governing the use of wireless communication or telecommunication
services. Ensure that any telecommunication services used in the Information System project
comply with relevant laws and regulations.
16.1.8 Intellectual Property Rights: Ensure that the networking infrastructure and technologies used in the
Information System project do not infringe upon any intellectual property rights of third parties.
This includes using licensed software, adhering to copyright laws, and respecting intellectual
property rights associated with networking technologies.
16.1.9 Network Documentation: Maintain proper documentation of the Information System network,
including network diagrams, configurations, IP address management, and inventory of network
devices. This documentation is essential for compliance, troubleshooting, and network management
purposes.
16.1.10 Contractual Agreements: Ensure that any contractual agreements with network service providers or
vendors include provisions for compliance with legal requirements, data protection, security
controls, confidentiality, liability, and dispute resolution.
It is important to consult with legal experts who specialize in functional services and technology laws to
ensure that the networking implementation in the Information System project complies with applicable
legal requirements. Additionally, regularly review and update network security measures and policies to
adapt to evolving threats and changes in regulations.
16.2 Functional requirements of networking and communication for Information System project
The functional requirements of networking and communication for an Information System project can vary
depending on the specific needs and goals of the deparment/s. However, the Supplier shall fulfill following
common functional requirements:
16.2.1 Network Infrastructure: The Information System project requires a robust and reliable network
infrastructure to support seamless communication and data transfer between various components of
the system. This includes the deployment of switches, routers, access points, and other networking
equipment to establish a secure and high-performing network.
16.2.2 Network Connectivity: The Information System project needs to ensure stable and high-speed
connectivity upto the BMC data centre. This includes establishing wired and wireless connections to
enable communication between different departments, units, and devices within the facility.
16.2.3 Data Security: The network infrastructure must implement strong security measures to protect
sensitive transaction information and prevent unauthorized access. This includes implementing
firewalls, intrusion detection and prevention systems, virtual private networks (VPNs), and
encryption mechanisms to safeguard data during transmission.
16.2.4 Interoperability: The networking and communication components of the Information System should
support interoperability standards to enable seamless integration with other systems and external
entities. This facilitates the exchange of data with other service providers or systems.
16.2.5 Scalability: The network infrastructure should be scalable to accommodate the growing needs of the
user departments. As the Information System expands and more users and devices are added to the
network, it should be able to handle the increased traffic and maintain optimal performance.
16.2.6 Quality of Service (QoS): The network should prioritize traffic based on the specific needs of the
Information System. Critical data, such as real-time transaction monitoring or emergency
communication, may require higher bandwidth and lower latency to ensure timely and reliable
delivery.
16.2.7 Network Monitoring and Management: The Information System project should include tools and
processes for monitoring and managing the network infrastructure. This enables proactive
identification and resolution of network issues, performance optimization, and capacity planning.
16.2.8 Voice and Video Communication: The networking requirements should consider the need for voice
and video communication within the department/s. This may involve implementing Voice over IP
(VoIP) solutions, video conferencing capabilities, and ensuring sufficient network bandwidth to
support real-time communication.
16.2.9 Mobile Connectivity: If the Information System includes mobile devices or supports mobile
applications, the network infrastructure should provide reliable and secure connectivity for these
devices. This may involve implementing wireless access points, mobile device management (MDM)
solutions, and ensuring seamless roaming within the facility.
16.2.10 Disaster Recovery and Redundancy: The networking requirements should include provisions for
disaster recovery and redundancy to ensure continuous operation of the Information System in case
of network failures or disruptions. This may involve implementing backup network connections,
redundant hardware, and failover mechanisms.
These functional requirements should be analyzed and customized based on the specific needs and
constraints of the department/s implementing the Information System project. It is crucial to involve
network specialists and IT professionals with expertise in network systems to design and implement a
robust networking and communication infrastructure that meets the functional requirements and aligns with
industry best practices.
16.3 Architectural requirements of networking and communication for Information System project
The architectural requirements of networking and communication for an Information System project play a
crucial role in ensuring a reliable, secure, and scalable infrastructure. The Supplier shall fulfill following
key architectural requirements:
16.3.1 Network Topology: Determine the appropriate network topology for the Information System
project, such as a star, ring, or mesh topology, based on the facility's size, layout, and connectivity
needs. Consider factors such as scalability, ease of management, and fault tolerance when designing
the network topology.
16.3.2 Network Segmentation: Implement network segmentation to divide the network into separate
segments or VLANs (Virtual Local Area Networks) based on functional or security requirements.
This helps isolate critical systems, such as transaction data storage and management, from non-
sensitive areas of the network.
16.3.3 Redundancy and Resilience: Design the network architecture with redundancy and resilience in
mind to minimize single points of failure and ensure continuous operation. Implement redundant
network links, switches, and routers to provide backup paths in case of network failures.
16.3.4 Scalability: Consider the scalability requirements of the Information System project to
accommodate the growing number of users, devices, and data traffic. Plan for future expansion by
incorporating scalability features such as modular network switches, adjustable bandwidth
capacities, and flexible addressing schemes.
16.3.5 Network Security: Incorporate robust security measures into the network architecture to protect
sensitive transaction data and ensure compliance with applicable regulations. Implement firewalls,
intrusion detection and prevention systems, access controls, and encryption protocols to secure the
network infrastructure.
16.3.6 Quality of Service (QoS): Define and prioritize network traffic based on the specific requirements of
the Information System. Assign appropriate levels of bandwidth, latency, and packet prioritization
to ensure reliable and optimal performance for critical applications such as real-time system
monitoring or video conferencing.
16.3.7 Network Monitoring and Management: Include mechanisms for monitoring and managing the
network infrastructure to ensure its health, performance, and security. Implement network
monitoring tools, centralized management systems, and logging mechanisms to detect and address
network issues promptly.
16.3.8 Integration with External Systems: Plan for the integration of the Information System network with
external systems. Ensure that the network architecture supports the necessary protocols, interfaces,
and data exchange mechanisms required for seamless interoperability.
16.3.9 Wireless Network Design: If the Information System project includes wireless connectivity, design
and deploy a secure and reliable wireless network infrastructure. Consider factors such as coverage,
capacity, and interference mitigation techniques to provide consistent and robust wireless connectivity
within the department/s.
16.3.10 Network Documentation: Maintain comprehensive documentation of the network architecture,
including network diagrams, configurations, IP addressing schemes, and connectivity details. This
It is important to involve experienced network architects or consultants with expertise in network systems
to design and implement the networking and communication architecture for the Information System
project. They can ensure that the architectural requirements are met, align with industry best practices, and
adhere to relevant standards and regulations.
16.4 System administration and management function requirements of networking and
communication for Information System project
The system administration and management function requirements of networking and communication for
an Information System project are crucial for ensuring the smooth operation, maintenance, and
optimization of the network infrastructure. The Supplier shall fulfill following key requirements in this
area:
16.4.1 Network Monitoring: Implement network monitoring tools and systems to continuously monitor the
performance, availability, and security of the network infrastructure. This includes monitoring
network devices, bandwidth utilization, network traffic, and security events to identify and address
potential issues proactively.
16.4.2 Configuration Management: Establish robust configuration management practices to effectively
manage network devices, including switches, routers, firewalls, and access points. This involves
maintaining an inventory of network devices, documenting configurations, and implementing
standardized configuration templates to ensure consistency and ease of management.
16.4.3 Network Troubleshooting and Support: Develop processes and procedures for troubleshooting
network issues and providing timely support to address network-related problems. This includes
establishing a help desk or support team to respond to network-related incidents, diagnosing and
resolving connectivity issues, and escalating complex problems to specialized network engineers if
needed.
16.4.4 Network Performance Optimization: Regularly assess and optimize network performance to ensure
optimal operation of the Information System. This includes monitoring network traffic patterns,
identifying and resolving performance bottlenecks, optimizing network configurations, and
implementing Quality of Service (QoS) measures to prioritize critical applications and traffic.
16.4.5 Network Security Management: Implement comprehensive network security management practices
to protect the Information System and sensitive transaction data from security threats. This involves
regularly updating network security policies, monitoring for vulnerabilities and attacks, applying
patches and updates to network devices, and maintaining robust access controls and authentication
mechanisms.
16.4.6 Change Management: Establish change management processes to manage and control changes to
the network infrastructure. This includes documenting and reviewing proposed changes, assessing
their impact on the network, testing changes in a controlled environment, and implementing changes
in a controlled and coordinated manner to minimize disruptions and maintain system stability.
16.4.7 Backup and Disaster Recovery: Implement backup and disaster recovery strategies for the network
infrastructure to ensure business continuity in the event of network failures or disasters. This
involves regularly backing up network device configurations, maintaining off-site backups, and
developing recovery procedures to restore network services quickly and efficiently.
16.4.8 Capacity Planning: Perform regular capacity planning exercises to anticipate future network
resource requirements and ensure that the network infrastructure can handle the expected growth in
users, devices, and data traffic. This includes analyzing historical usage data, forecasting future
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demands,
and making necessary adjustments to network capacity, such as upgrading hardware or adjusting
bandwidth allocations.
16.4.9 Vendor Management: Manage relationships with network equipment vendors, service providers,
and contractors to ensure effective support, maintenance, and collaboration. This includes
establishing service level agreements (SLAs), coordinating equipment repairs or replacements, and
staying informed about new technologies and updates that may benefit the network infrastructure.
16.4.10 Documentation and Reporting: Maintain comprehensive documentation of network configurations,
changes, troubleshooting procedures, and performance metrics. This documentation serves as a
reference for system administrators, facilitates knowledge sharing, and supports compliance
requirements and audits.
By incorporating these system administration and management function requirements into the Information
System project, BMC department/s can effectively manage and maintain the networking and
communication infrastructure, ensuring optimal performance, security, and reliability for the Information
System system.
16.5 Performance requirements of networking and communication for Information System project
The performance requirements of networking and communication for an Information System project are
critical to ensure efficient and reliable access to information. The Supplier shall fulfill following key
performance requirements:
16.5.1 Bandwidth: Determine the required bandwidth capacity to support the expected data traffic within
the Information System. Consider factors such as the number of users, types of data being
transmitted (e.g., images, audio, video), and the desired responsiveness of the system. Ensure that
the network infrastructure provides sufficient bandwidth to handle peak loads and minimize latency.
16.5.2 Latency: Define acceptable latency levels for real-time communication and data retrieval within the
Information System. Minimize latency to ensure timely access to information, especially for critical
applications such as telemedicine, real-time monitoring, or remote consultations. Low-latency
connections are essential for delivering a seamless user experience and facilitating efficient
workflows.
16.5.3 Reliability: The networking and communication infrastructure should provide high reliability to
ensure uninterrupted access to the Information System. Implement redundancy and failover
mechanisms to minimize downtime and mitigate the impact of network failures. This may involve
redundant network links, backup power systems, and redundant network devices to ensure
continuous operation.
16.5.4 Scalability: Plan for the scalability requirements of the Information System project to accommodate
the growing number of users, devices, and data traffic. The network infrastructure should be
scalable to handle increased demand without compromising performance. Consider the ability to
add additional network resources, such as switches, routers, and access points, as needed to support
the expanding Information System environment.
16.5.5 Quality of Service (QoS): Define and prioritize network traffic based on the specific requirements
of the Information System. Allocate appropriate levels of bandwidth, latency, and packet
prioritization to critical applications, such as real-time video conferencing, medical imaging, or data
transfers. QoS mechanisms can ensure that high-priority traffic receives the necessary network
resources and prioritization over less critical traffic.
16.5.6 Network Response Time: Define acceptable network response time for various Information System
functions, such as retrieving transaction records, accessing test results, or generating reports.
Minimize response time to enhance user productivity and satisfaction. This requires optimizing
network configurations, reducing latency, and ensuring efficient data transfer across the network.
16.5.7 Security Performance: Ensure that the networking and communication infrastructure can handle the
required security measures without compromising performance. This includes implementing
firewalls, intrusion detection and prevention systems, and encryption protocols to protect sensitive
data. Performance considerations should include the overhead of security protocols and
mechanisms.
16.5.8 Data Transfer Speed: Consider the speed of data transfers within the Information System, especially
for large files such as medical images or bulk data uploads. The network infrastructure should
support high-speed data transfers to enable efficient sharing and retrieval of transaction information
and other relevant data.
16.5.9 Network Monitoring and Optimization: Implement network monitoring tools and performance
optimization techniques to proactively identify and address network performance issues. Regularly
monitor network traffic, analyze performance metrics, and optimize network configurations to
maintain optimal performance levels.
16.5.10 Network Resilience: Design the networking and communication infrastructure to be resilient and
capable of recovering quickly from network disruptions or failures. Implement fault-tolerant
mechanisms, such as redundant links, network load balancing, and failover systems, to minimize the
impact of network outages on the Information System performance.
By incorporating these performance requirements into the design and implementation of the networking
and communication infrastructure, BMC department/s can ensure that the Information System operates
efficiently, providing fast and reliable access to information for improved service delivery.
16.6 Security requirements of networking and communication for Information System project
The security requirements of networking and communication for an Information System project are critical
to safeguard sensitive transaction data and protect the integrity, confidentiality, and availability of the
information. The Supplier shall fulfill following key security requirements:
16.6.1 Access Control: Implement strong access control measures to ensure that only authorized
individuals can access the Information System and related network resources. This includes user
authentication mechanisms such as passwords, multi-factor authentication, and role-based access
control (RBAC) to enforce appropriate access privileges based on user roles and responsibilities.
16.6.2 Encryption: Encrypt sensitive data transmitted over the network to protect it from unauthorized
interception or disclosure. Use secure protocols, such as SSL/TLS, for encrypting data in transit.
Additionally, ensure that data at rest, such as stored transaction records and backups, are also
encrypted to provide an extra layer of protection.
16.6.3 Network Segmentation: Segment the network into secure zones or virtual LANs (VLANs) to isolate
different types of traffic and restrict unauthorized access between network segments. This helps
contain potential security breaches and limits lateral movement within the network.
16.6.4 Intrusion Detection and Prevention: Deploy intrusion detection and prevention systems (IDS/IPS) to
monitor network traffic, detect and block suspicious or malicious activities. These systems can help
identify and respond to potential threats, including network-based attacks, malware, and
unauthorized access attempts.
16.6.5 Firewalls: Implement firewalls to enforce access control policies and protect the network from
unauthorized access or malicious traffic. Configure firewalls to allow only necessary network traffic
and block potential threats, such as unauthorized incoming connections or malicious outbound
traffic.
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16.6.6 Secure Remote Access: If remote access to the Information System is required, implement secure
remote access mechanisms such as Virtual Private Network (VPN) solutions. Ensure that remote
access connections are encrypted and require strong authentication to prevent unauthorized access to
the Information System and the network.
16.6.7 Network Monitoring and Logging: Deploy network monitoring tools and establish comprehensive
logging mechanisms to track network activity, identify security incidents, and facilitate forensic
analysis in case of security breaches. Regularly review and analyze network logs to detect and
respond to security events promptly.
16.6.8 Security Patch Management: Regularly apply security patches and updates to network devices,
including routers, switches, firewalls, and intrusion detection/prevention systems. Keep abreast of
vendor security advisories and promptly apply patches to address known vulnerabilities and protect
the network infrastructure.
16.6.9 Security Awareness and Training: Conduct regular security awareness and training programs for all
personnel accessing the Information System. Educate users about security best practices, such as
creating strong passwords, recognizing phishing attempts, and avoiding unauthorized disclosure of
sensitive information.
16.6.10 Incident Response and Disaster Recovery: Develop and implement an incident response plan to
effectively respond to security incidents and breaches. This includes defining roles and
responsibilities, establishing communication channels, and outlining procedures for containing,
investigating, and mitigating security incidents. Additionally, establish robust backup and disaster
recovery mechanisms to ensure the availability and integrity of the Information System in the event
of a security incident or disaster.
It is essential to work closely with cybersecurity professionals and follow industry best practices to ensure
that the networking and communication infrastructure of the Information System project meets the
necessary security requirements. Regular security assessments, penetration testing, and ongoing security
monitoring should also be conducted to identify and address any vulnerabilities or risks.
16.7 Documentation requirements of networking and communication for Information System project
Documentation plays a crucial role in capturing the design, implementation, and management aspects of the
networking and communication infrastructure for an Information System project. The Supplier shall fulfill
following essential documentation requirements for networking and communication:
16.7.1 Network Design Documentation: Document the overall network design, including network
topology, hardware components, and network addressing schemes. This documentation should
provide a clear understanding of how the network is structured and interconnected.
16.7.2 Network Diagrams: Create network diagrams that visually represent the network infrastructure,
including routers, switches, firewalls, access points, and their interconnections. These diagrams help
in understanding the network layout, identifying potential bottlenecks, and troubleshooting network
issues.
16.7.3 Network Configuration Documentation: Document the configuration details of network devices,
including routers, switches, firewalls, and wireless access points. This includes information such as
IP addresses, VLAN configurations, routing protocols, access control lists (ACLs), and security
settings. This documentation helps in managing and maintaining network devices and ensures
consistency across the network.
16.7.4 Network Security Policies and Procedures: Document the security policies and procedures related to
networking and communication. This includes information on access control mechanisms, firewall
rules, encryption protocols, remote access policies, and incident response procedures. These
documents serve as a reference for implementing and enforcing security measures.
16.7.5 Network Service Level Agreements (SLAs): Document the agreed-upon service levels for network
performance, availability, and response time. This includes metrics, targets, and responsibilities for
monitoring and maintaining network performance. SLAs help in managing expectations and holding
service providers accountable.
16.7.6 Network Inventory: Maintain an inventory of network equipment, including hardware models, serial
numbers, firmware versions, and warranty information. This documentation helps in tracking the
lifecycle of network devices, managing support and maintenance contracts, and ensuring timely
updates and replacements.
16.7.7 Network Monitoring and Management Documentation: Document the procedures and tools used for
network monitoring and management. This includes details about network monitoring systems,
alerting mechanisms, log management, and performance optimization strategies. This
documentation assists in troubleshooting network issues, analyzing performance trends, and
maintaining network health.
16.7.8 Network Incident and Change Management: Document procedures and processes for handling
network incidents and implementing changes to the network infrastructure. This includes incident
response plans, change control procedures, and documentation templates for recording incident
details, change requests, and their outcomes. These documents promote consistency, traceability,
and accountability in managing network incidents and changes.
16.7.9 Network Testing and Validation: Document the procedures and results of network testing and
validation activities. This includes test plans, test cases, and test results for network performance,
security, and scalability testing. These documents provide evidence of the network's compliance
with defined requirements and standards.
16.7.10 Network Troubleshooting Guides: Develop troubleshooting guides or knowledge base articles that
capture common network issues, their potential causes, and recommended resolution steps. These
guides assist network administrators in diagnosing and resolving network problems efficiently.
It is important to maintain documentation in a central repository, ensure it is regularly updated, and make it
easily accessible to relevant stakeholders. Proper documentation ensures knowledge transfer, facilitates
troubleshooting and maintenance activities, and provides a valuable resource for future enhancements or
upgrades to the networking and communication infrastructure of the Information System project.
17.1.1 Data Privacy and Protection: Ensure that the client hardware and end devices comply with
applicable data privacy and protection laws. This includes safeguarding transaction information and
adhering to regulations such as the Digital Personal Data Protection (DPDP) Act, 2023.
17.1.2 Security Standards: Implement adequate security measures on client hardware and end devices to
protect against unauthorized access, data breaches, and other cybersecurity threats. This may
involve
adhering to industry standards and best practices, such as using encryption, strong authentication
mechanisms, and regular security updates.
17.1.3 Accessibility: Ensure that client hardware and end devices are accessible to individuals with
disabilities, in compliance with accessibility laws and standards. This includes considerations such
as providing alternative input/output methods, screen reader compatibility, and adjustable font sizes.
17.1.4 Licensing and Software Compliance: Ensure that all software installed on client hardware and end
devices is properly licensed and complies with relevant copyright and intellectual property laws.
This includes keeping track of software licenses, adhering to usage restrictions, and properly
documenting software installations.
17.1.5 Equipment Disposal and Recycling: Follow proper procedures for the disposal or recycling of client
hardware and end devices to comply with environmental regulations. This may involve securely
erasing data, safely disposing of electronic waste, or donating equipment to authorized
organizations.
17.1.6 Electrical Safety: Ensure that client hardware and end devices comply with electrical safety
regulations and standards. This includes using devices that are certified and tested for safety and
avoiding the use of counterfeit or uncertified equipment.
17.1.7 Product Liability: Consider any product liability laws that may apply to the client hardware and end
devices being used. Ensure that the devices are safe, reliable, and fit for their intended purpose.
17.1.8 Procurement and Vendor Agreements: When acquiring client hardware and end devices, it is
important to adhere to procurement laws and regulations, follow transparent and fair bidding
processes, and enter into appropriate vendor agreements that outline responsibilities, warranties, and
liabilities.
It is recommended to consult with legal professionals or experts familiar with the relevant laws and
regulations in your jurisdiction to ensure compliance with all applicable legal requirements for client
hardware and end devices in your Information System project.
17.2 Functional requirements of client hardware, end devices for Information System project
The functional requirements of client hardware and end devices for an Information System project will
depend on the specific needs and scope of the project. However, the Supplier shall fulfill following
common functional requirements:
17.2.1 Compatibility: The client hardware and end devices should be compatible with the software and
applications used in the Information System. This includes compatibility with the operating system,
necessary software libraries, and hardware interfaces required for seamless integration.
17.2.2 Performance: The devices should have sufficient processing power, memory, and storage capacity
to run the Information System software efficiently. This ensures smooth and responsive user
experience without performance bottlenecks.
17.2.3 Connectivity: The devices should support the necessary network connectivity options, such as
Ethernet, Wi-Fi, or cellular data, to enable seamless communication with the Information System
server and other network resources.
17.2.4 Display and User Interface: The devices should have appropriate screen sizes, resolutions, and
touch capabilities to display Information System screens and user interfaces clearly. They should
also support user-friendly input methods, such as keyboards, touchscreens, or styluses, depending
on the requirements of the Information System software.
17.2.5 Security Features: The devices should include built-in security features or support for security
measures required for Information System access. This may include hardware-based encryption,
biometric authentication (e.g., fingerprint scanners), secure booting mechanisms, or remote wipe
capabilities.
17.2.6 Mobility: If mobility is required, such as for field service providers who need to access the
Information System on the go, the devices should be portable, lightweight, and have sufficient
battery life to support uninterrupted usage.
17.2.7 Printing and Scanning Capabilities: Depending on the Information System requirements, devices
may need to support printing and scanning functionalities to generate hard copies of reports,
documents for digital storage.
17.2.8 Multilingual Support: If the Information System is used in a multilingual environment, the devices
should support the necessary language settings and input methods to facilitate user interactions in
different languages.
17.2.9 Device Management: The devices should support centralized device management capabilities,
allowing for remote configuration, monitoring, and updates to ensure proper maintenance, security,
and compliance with organizational policies.
17.2.10 Integration with Peripherals: The devices should have the necessary ports or wireless connectivity
options to integrate with peripherals such as barcode scanners, smart card readers, or medical
devices that may be required for specific Information System functionalities.
It is important to assess the specific needs of the Information System project and consult with stakeholders
to determine the precise functional requirements for the client hardware and end devices. This will help
ensure that the chosen devices can effectively support the intended functionalities and user requirements of
the Information System.
17.3 Architectural requirements of client hardware, end devices for Information System project
The architectural requirements of client hardware and end devices for an Information System project
depend on several factors, including the complexity of the Information System system, the scale of
deployment, and the specific needs of the BMC department/s. The Supplier shall fulfill following key
architectural requirements:
17.3.1 Scalability: The client hardware and end devices should be capable of scaling to accommodate the
number of users and the growing data volume in the Information System. This may involve
choosing devices with expandable memory, storage, or processing capabilities to handle increasing
demands.
17.3.2 Compatibility with Information System Software: The devices should be compatible with the
software architecture of the Information System. This includes considerations such as the operating
system requirements, support for required software libraries or frameworks, and adherence to
industry standards for interoperability.
17.3.3 Network Connectivity: The devices should support reliable and secure network connectivity to
access the Information System server and other network resources. This may include wired Ethernet
connections, Wi-Fi capabilities, or support for cellular data connectivity, depending on the
deployment scenario and mobility requirements.
17.3.4 Distributed Architecture: In larger BMC department/s or multi-site deployments, the client hardware
and end devices may need to be designed for a distributed architecture. This allows for efficient data
sharing, synchronization, and communication between different devices and Information System
components.
17.3.5 Redundancy and Failover: Consideration should be given to implementing redundancy and failover
mechanisms at the client hardware and end device level to ensure continuous availability of the
Information System. This may involve redundant hardware components, backup power supply, or
failover network connections.
17.3.6 Security Measures: The architectural requirements should include security measures at the client
hardware and end device level to protect sensitive data and ensure compliance with privacy
regulations. This may include features such as secure boot, encryption capabilities, endpoint
protection software, and access control mechanisms.
17.3.7 Integration with Peripherals: The architectural design should support the integration of peripherals
and medical devices that are required for specific Information System functionalities. This may
involve the use of standardized communication protocols, APIs, or middleware to facilitate
seamless data exchange between the devices and the Information System.
17.3.8 User Interface and Experience: The architectural requirements should consider the user interface
and experience aspects of the client hardware and end devices. This includes factors such as screen
resolution, touch capabilities, input methods, and ergonomics to provide a user-friendly and
efficient interaction with the Information System.
17.3.9 Device Management: Architectural considerations should include provisions for centralized device
management and monitoring. This allows for efficient provisioning, configuration, software
updates, and troubleshooting of the client hardware and end devices in the Information System
environment.
17.3.10 Compliance with Standards and Regulations: The architectural design should adhere to relevant
industry standards, regulations, and best practices for client hardware and end devices. This includes
compliance with data privacy laws, medical device regulations, interoperability standards, and
accessibility guidelines.
It is essential to carefully analyze the requirements and consult with stakeholders, including technical
experts and users, to design an architecture that aligns with the specific needs of the Information System
project and the BMC department’s infrastructure.
17.4 System administration and management function requirements of client hardware, end
devices for Information System project
The system administration and management function requirements for client hardware and end devices in
an Information System project involve ensuring smooth operation, maintenance, and support of these
devices. The Supplier shall fulfill following key requirements:
17.4.1 Device Configuration and Deployment: The ability to efficiently configure and deploy client
hardware and end devices is crucial. This includes setting up the necessary operating system,
software applications, security settings, and network configurations to ensure compatibility with the
Information System and seamless integration into the BMC department’s infrastructure.
17.4.2 Device Monitoring and Performance Management: Implementing monitoring mechanisms to track
the performance and health of client hardware and end devices is important. This involves
monitoring resource utilization, network connectivity, and system health indicators to identify and
address any performance issues or potential bottlenecks that may impact the Information System
functionality.
17.4.3 Software Updates and Patch Management: Managing software updates, security patches, and
firmware upgrades for client hardware and end devices is essential to ensure the devices are running
the latest versions of the operating system and applications. This helps to mitigate security
vulnerabilities and ensure compatibility with the Information System software.
17.4.4 Device Security Management: Implementing robust security measures for client hardware and end
devices is crucial to protect sensitive data and ensure compliance with privacy regulations. This
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By addressing these system administration and management function requirements, BMC department/s can
effectively manage and maintain the client hardware and end devices in their Information System
environment, ensuring optimal performance, security, and support for the Information System system.
17.5 Performance requirements of client hardware, end devices for Information System project
The performance requirements of client hardware and end devices in an Information System project depend
on the specific functionalities and usage scenarios of the Information System system. The Supplier shall
fulfill following key performance requirements:
17.5.1 Processing Power: The client hardware and end devices should have sufficient processing power to
handle the computational demands of the Information System software and applications. This
includes tasks such as data processing, real-time analytics, and complex calculations. The processor
speed, number of cores, and cache size are important factors to consider.
17.5.2 Memory (RAM): Sufficient memory capacity is essential to ensure smooth and efficient operation
of the Information System software. The client hardware and end devices should have an
appropriate amount of RAM to support the concurrent execution of multiple applications, handle
large datasets, and provide fast access to frequently accessed information.
17.5.3 Storage Capacity: Sufficient storage capacity is necessary to store the Information System software,
transaction records and other related information. The client hardware and end devices should have
an appropriate amount of internal storage or support external storage options such as hard drives or
solid-state drives (SSDs) to accommodate the data requirements of the Information System.
17.5.4 Network Connectivity: The client hardware and end devices should have reliable and high-speed
network connectivity to access the Information System server and other network resources. This is
important for real-time data transmission, remote access, and seamless communication between
different components of the Information System system.
17.5.5 Display and Graphics: The client hardware and end devices should have a suitable display and
graphics capabilities to provide a clear and user-friendly interface for users. This includes factors
such as screen resolution, color accuracy, touch support, and the ability to render medical images or
graphical representations.
17.5.6 Input and Output Devices: The client hardware and end devices should support appropriate input
and output devices for efficient interaction with the Information System. This may include
keyboards, mice, touchscreens, barcode scanners, printers, or other specialized input/output devices
depending on the specific requirements of the Information System modules and workflows.
17.5.7 Response Time: The client hardware and end devices should be able to deliver quick response times
to ensure a seamless user experience. Delayed response times can hinder users’ / employee’s
efficiency and productivity. The performance requirements should define acceptable response time
thresholds for various Information System operations and activities.
17.5.8 Compatibility and Integration: The client hardware and end devices should be compatible and
seamlessly integrate with the Information System software and applications. This includes
compatibility with the operating system, software dependencies, device drivers, and connectivity
protocols required by the Information System.
17.5.9 Reliability and Stability: The client hardware and end devices should exhibit high reliability and
stability to minimize system crashes, unexpected shutdowns, or hardware failures. Robust hardware
components, efficient cooling mechanisms, and stable power supply are factors that contribute to
the reliability of client hardware and end devices.
17.5.10 Scalability: The client hardware and end devices should have the capability to scale up or
accommodate future growth in the Information System system. This includes the ability to upgrade
or expand hardware components such as memory, storage, or processing power to meet increasing
demands without compromising performance.
It is essential to assess the specific performance requirements based on the Information System
functionalities, user load, and anticipated data volume. Consideration should be given to the scalability of
the client hardware and end devices to ensure they can handle the growing demands of the Information
System over time. Regular monitoring and performance tuning may be necessary to optimize the
performance of the client hardware and end devices in the Information System environment.
17.6 Security requirements of client hardware, end devices for Information System project
The security requirements of client hardware and end devices in an Information System project are crucial
to protect sensitive transaction data and ensure compliance with privacy regulations. The Supplier shall
fulfill following key security requirements:
17.6.1 Access Control: The client hardware and end devices should have robust access control mechanisms
in place to ensure that only authorized individuals can access the device and the Information System
software. This includes implementing strong password policies, multi-factor authentication, and
user role-based access control to limit access to sensitive data and system functionalities.
17.6.2 Device Encryption: Client hardware and end devices should support encryption mechanisms to
protect data at rest and in transit. Full-disk encryption or file-level encryption should be
implemented to safeguard sensitive information stored on the devices, including transaction records
and Information System software configurations.
17.6.3 Secure Boot and Firmware Integrity: The client hardware and end devices should have secure boot
capabilities, ensuring that only trusted and authenticated firmware and operating system
components are loaded during the device startup process. This helps to prevent unauthorized
modifications to the device firmware, protecting against malware attacks and unauthorized access.
17.6.4 Malware Protection: Robust anti-malware and antivirus software should be installed and regularly
updated on client hardware and end devices to detect and prevent the execution of malicious
software that could compromise the security of the Information System. Regular scans and real-time
protection mechanisms should be in place to detect and mitigate potential threats.
17.6.5 Security Patching: Timely installation of security patches and updates is essential to address known
vulnerabilities in the operating system and software applications running on the client hardware and
end devices. Regular patch management processes should be in place to ensure that devices are up
to date with the latest security fixes.
17.6.6 Physical Security: Physical security measures should be implemented to protect client hardware and
end devices from theft, unauthorized access, or tampering. This includes securing devices in locked
cabinets or rooms, using security cables or locks, and monitoring access to restricted areas where
devices are located.
17.6.7 Data Backup and Recovery: Implementing regular data backup procedures for client hardware and
end devices is crucial to protect against data loss in the event of device failure, loss, or security
incidents. Backup data should be securely stored and readily accessible for recovery purposes.
17.6.8 Remote Wipe and Device Tracking: In case of device loss or theft, the client hardware and end
devices should have the capability to remotely wipe sensitive data to prevent unauthorized access.
Additionally, device tracking mechanisms can help locate lost or stolen devices and assist in their
recovery.
17.6.9 Audit Logs and Monitoring: Client hardware and end devices should have the capability to generate
audit logs and monitoring data that capture important security events and activities. This includes
logging login attempts, system changes, access to sensitive data, and other relevant security-related
events for forensic analysis and compliance purposes.
17.6.10 User Awareness and Training: BMC employees using client hardware and end devices should
receive regular security awareness training to understand their responsibilities in safeguarding
transaction data. Training should cover best practices for password management, safe browsing
habits, and proper handling of devices to prevent data breaches.
It is important to continually assess and update security requirements based on the evolving threat
landscape and industry best practices. Regular security audits and vulnerability assessments should be
conducted to identify and address any security gaps in client hardware and end devices used in the
Information System environment.
17.7 Documentation requirements of client hardware, end devices of Information System project
The documentation requirements for client hardware and end devices in an Information System project are
important to ensure proper setup, configuration, maintenance, and troubleshooting. The Supplier shall
fulfill following key documentation requirements:
17.7.1 User Manuals: Detailed user manuals should be provided for each client hardware and end device
used in the Information System project. These manuals should include step-by-step instructions on
device setup, configuration, usage, and troubleshooting. They should cover both hardware-specific
features and software functionalities relevant to the Information System.
17.7.2 Hardware Specifications: Documenting the hardware specifications of each client device is essential
for reference and compatibility purposes. This documentation should include details such as device
model, manufacturer, processor type and speed, memory capacity, storage capacity, display
specifications, network connectivity options, and other relevant hardware components.
17.7.3 Device Configuration Guides: Configuration guides should be provided to assist in the proper
configuration of client hardware and end devices for use with the Information System. This
documentation should include recommended settings, network configurations, security
configurations, and any specific configurations required to ensure optimal performance and
compatibility with the Information System.
17.7.4 Installation Guides: Installation guides should outline the necessary steps to install and set up client
hardware and end devices. This includes physical installation, software installation, driver
installation, and any additional software or tools required for the devices to function properly within
the Information System environment.
17.7.5 Troubleshooting Guides: Comprehensive troubleshooting guides should be provided to help identify
and resolve common issues that may arise with client hardware and end devices. These guides
should include a list of frequently encountered problems, their possible causes, and step-by-step
instructions for resolving them. Troubleshooting guides may also include recommended diagnostic
tools or software utilities.
17.7.6 Maintenance and Care Instructions: Documenting maintenance and care instructions for client
hardware and end devices is important to ensure their longevity and proper functioning. This
documentation should include guidelines on cleaning, storage, battery management (if applicable),
and any routine maintenance tasks that need to be performed to keep the devices in optimal
condition.
17.7.7 Warranty and Support Documentation: Documenting warranty information and support contact
details for client hardware and end devices is crucial for efficient handling of any hardware-related
issues. This documentation should include warranty terms, duration, and any specific procedures or
requirements for initiating warranty claims or accessing technical support.
17.7.8 Compliance and Regulatory Documentation: Documentation related to compliance and regulatory
requirements should be provided for client hardware and end devices. This may include information
on certifications, standards compliance, electromagnetic compatibility (EMC), and safety
regulations.
17.7.9 Device Inventory and Asset Management: Maintaining an updated inventory of client hardware and
end devices, along with their associated documentation, is essential for effective asset management
and tracking. This documentation should include device identifiers, serial numbers, purchase dates,
and any other relevant information for accurate asset management and tracking.
17.7.10 Revision Control and Versioning: Implementing a revision control and versioning system for device
documentation ensures that the documentation remains up to date and reflects any changes or
updates made to the client hardware and end devices. This helps in avoiding confusion and ensuring
that users have access to the most relevant and accurate documentation.
By having comprehensive documentation for client hardware and end devices, BMC department/s can
ensure efficient deployment, maintenance, and support of the devices within the Information System
project. The documentation should be easily accessible to relevant stakeholders, regularly reviewed and
updated as needed, and securely stored for future reference.
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19.1 Operating System: The Information System software may be designed to run on a specific
operating system, such as Windows, Linux, or macOS. The Supplier will specify the supported
operating systems and versions.
19.2 Database Management System (DBMS): The Information System may utilize a specific DBMS
to store and manage the data. Commonly used DBMS options include Microsoft SQL Server,
Oracle Database, MySQL, or PostgreSQL. The Supplier will provide the compatible DBMS
and version requirements.
19.3 Web Browser Compatibility: The Information System may be accessed through a web-based
interface, and therefore, it should be compatible with popular web browsers such as Google
Chrome, Mozilla Firefox, Microsoft Edge, or Safari. The Supplier will specify the
recommended browser versions.
19.4 Programming Language and Framework: The Information System software may be developed
using specific programming languages and frameworks. Commonly used programming
languages include Java, C#, or PHP, while frameworks like .NET, Spring, or Laravel may be
employed. The Supplier will provide information on the programming language and framework
in which Information System is / will be developed.
19.5 Application Servers: Depending on the Information System architecture, it may require an
application server to host and execute the Information System software. Examples of
application servers include Apache Tomcat, Microsoft IIS, or Nginx. The Supplier will specify
and provide the application server and version for the Information System.
19.6 Integration and Interoperability: The Information System may support various integration
options and protocols to communicate with external systems. Common integration technologies
include xml, csv etc. The Supplier will provide details on the supported integration standards
and specifications.
19.7 Reporting and Business Intelligence: The Information System may include reporting and
business intelligence capabilities. It may leverage specific reporting tools or frameworks such
as Crystal Reports, JasperReports, or Power BI. The Supplier will specify and provide the
compatible reporting tools and versions.
19.8 Security and Encryption: The Information System software should incorporate security features
such as user authentication, access controls, and data encryption to protect transaction
information. It may utilize standard encryption algorithms and protocols such as SSL/TLS for
secure communication. The Supplier will provide information on the security measures
implemented in the Information System.
19.9 User Interface and User Experience: The Information System should have an intuitive and user-
friendly interface to facilitate easy navigation and efficient workflow. It may employ specific
user interface frameworks or design principles to enhance usability. The Supplier may provide
guidelines or recommendations for optimal user experience.
19.10 Mobile Compatibility: With the increasing use of mobile devices, the Information
System may offer mobile compatibility through dedicated mobile apps or responsive web
design. The Supplier may provide information on the supported mobile platforms, such as iOS
and Android.
20. Site Survey for client-side end devices requirements
A site survey for client-side end devices in an Information System project involves assessing the specific
requirements and conditions at the various offices / locations to determine the optimal deployment and
configuration of devices. The Supplier shall fulfill following steps and considerations for conducting a
site survey:
19.11 Identify the client's requirements: Understand the client's specific needs and expectations
regarding the end devices for the Information System project. This may include factors such as
the number of users, types of devices required, network connectivity, power supply, and
physical space availability.
19.12 Assess the physical environment: Evaluate the physical layout and infrastructure of the
client's location. Consider factors such as the size of the facility, room layout, electrical outlets,
HVAC systems, and any environmental constraints that may impact device placement or
performance.
19.13 Evaluate network infrastructure: Assess the existing network infrastructure at the client's
site, including the availability of wired or wireless connectivity, network switches, routers, and
firewalls. Determine if any upgrades or modifications are needed to support the Information
System end devices.
19.14 Consider power requirements: Determine the power requirements for the end devices,
including the availability of electrical outlets and the need for backup power sources such as
uninterruptible power supplies (UPS) or generators.
19.15 Evaluate security measures: Assess the client's security policies and requirements to ensure
that the deployment of end devices aligns with necessary security measures. This may include
considerations such as encryption, access controls, antivirus software, and physical security
measures.
19.16 Consider ergonomic factors: Evaluate the ergonomic needs of end users, such as workstation
ergonomics, appropriate screen sizes, keyboard and mouse configurations, and other factors that
contribute to user comfort and productivity.
19.17 Document findings and recommendations: Document the results of the site survey, including
any identified issues, recommendations, and requirements for the deployment of client-side end
devices. This information will help guide the implementation and configuration of the
Information System system.
19.18 Collaborate with stakeholders: Work closely with the client's IT team, facilities
management, and other relevant stakeholders to ensure alignment between the site survey
findings and their operational requirements and constraints.
By conducting a thorough site survey, the Supplier shall gather the necessary information to plan, estimate,
bid and implement the deployment of client-side end devices in the Information System project effectively.
Develop a comprehensive test plan that outlines the testing approach, objectives, scope, and
schedule.
Identify the test environments and resources required for testing.
Define the test strategy, including the types of testing to be performed (e.g., functional,
performance, security) and the level of automation.
20.2 Installation and Configuration Test: Verify that the Information System software is installed
correctly on the designated servers and workstations. Ensure that all necessary components and
modules are installed, and that the system is properly configured as per the Supplier’s guidelines.
20.3 System Functionality Test: Test the functionality of the Information System by performing various
tasks and transactions that represent typical usage scenarios. This includes creating and managing
transaction records, scheduling appointments, generating reports, and performing billing
operations. Ensure that all core features and modules of the Information System are functioning as
expected. Validate workflows, access controls, permission settings, and collaboration features.
20.4 Data Integrity Test: Validate the integrity of data entered into the Information System. This
involves checking if data is accurately captured, stored, and retrieved without any loss or
corruption. Test data consistency across different modules and verify that data validation rules and
constraints are properly enforced.
20.5 Interoperability Test: If the Information System needs to interface or integrate with other systems
or devices, conduct interoperability tests to ensure seamless data exchange. Test the compatibility
and functionality of interfaces with other relevant systems.
20.6 Compatibility Testing:
Test the Information System across various operating systems, web browsers, and devices.
Ensure compatibility with different versions and configurations of these platforms.
Validate the Information System 's behavior in different environments (e.g., local network,
cloud, mobile).
20.7 Usability Testing:
Evaluate the user-friendliness and intuitiveness of the Information System interface.
Test workflows, navigation, and Information System tasks from end-user perspectives.
Gather feedback from users to identify areas for improvement and optimize the user
experience.
20.8 Regression Testing:
Perform regression testing to ensure that new feature additions or bug fixes do not
negatively impact existing functionalities.
Test critical functionalities and workflows to ensure they continue to work after updates or
changes to the Information System.
20.9 Performance and Load Test: Assess the performance of the Information System under normal and
peak load conditions. Measure response times for various operations and transactions to ensure
acceptable performance levels. Conduct stress testing to determine the system's stability and
scalability by simulating high user loads and heavy data processing.
20.10 Security and Access Control Test: Validate the security measures implemented in the
Information System. Test user authentication and access control mechanisms to ensure that user
permissions are properly enforced. Conduct penetration testing to identify vulnerabilities and
assess the system's resilience against security threats.
20.11 Disaster Recovery Test: Test the Information System's disaster recovery mechanisms and
backup/restore procedures. Simulate data loss or system failure scenarios to ensure that backups
are available and can be successfully restored. Verify the system's ability to recover and resume
normal operations in the event of a disaster.
20.12 User Acceptance Test (UAT): Involve end-users and key stakeholders in user acceptance
testing. Have them perform their routine tasks using the Information System and provide feedback
on the system's usability, functionality, and adherence to their requirements. Incorporate their
suggestions and address any issues identified during UAT.
20.13 Bug Tracking and Issue Resolution:
Establish a robust bug tracking system to document and track identified issues during testing.
Prioritize and address bugs based on severity and impact on Information System functionality.
Collaborate with developers and stakeholders to resolve identified issues.
20.14 Documentation Review: Ensure that all system documentation, including user manuals,
installation guides, configuration instructions, and operational procedures, are reviewed and
validated. Verify that the documentation is up to date, comprehensive, and aligned with the
deployed Information System version.
20.15 Training Verification: Validate that the training provided to system administrators, end-
users, and support staff is effective and sufficient. Test the knowledge and skills of the trained
personnel to ensure they can operate the Information System confidently and perform their
assigned tasks effectively.
The Supplier shall allocate dedicated resources, time, and expertise for testing and quality assurance
activities to ensure that the Information System meets the desired quality standards and user expectations.
The testing process should be well-documented, and any issues or bugs should be tracked, reported, and
resolved in a timely manner.
Create use cases that reflect typical user interactions with the system, including document
creation, editing, sharing, and retrieval.
21.3 System Functionality: Verify that all core functions and modules of the Information System are
operational and performing as expected. Test various scenarios that reflect real-world workflows /
processes, such as user registration, appointment scheduling, transaction records management,
billing and invoicing.
21.4 Workflow and Process Testing: Assess the system's ability to support the BMC department's
specific workflows and processes. Test end-to-end processes that involve multiple users and
departments to ensure seamless flow of information and effective collaboration. Validate that the
Information System streamlines processes and enhances efficiency in the BMC department/s.
21.5 Usability and User Experience: Evaluate the user interface of the Information System to ensure it
is intuitive, user-friendly, and meets the needs of different user roles. Have end-users, including
doctors, nurses, administrators, and other staff, perform tasks and provide feedback on the system's
ease of use, navigation, and overall user experience.
21.6 Performance and Response Time: Measure the system's performance under realistic operational
conditions. Conduct tests to validate response times for common tasks and operations, such as
searching for transaction records, generating reports, or processing large volumes of data. Ensure
that the Information System meets performance requirements and operates within acceptable
timeframes.
21.7 Data Accuracy and Integrity: Validate the accuracy and integrity of data stored and processed by
the Information System. Test data entry, retrieval, and update processes to ensure information is
correctly captured, stored, and displayed. Verify that data validation rules and constraints are
enforced consistently to maintain data integrity.
21.8 Security and Access Controls: Verify that the Information System has appropriate security
measures in place to protect transaction data and ensure authorized access. Test user
authentication, access controls, and permission settings to ensure that only authorized users can
access sensitive information. Evaluate the system's compliance with relevant data privacy and
security regulations.
21.9 Error Handling and Fault Tolerance: Assess how the Information System handles errors,
exceptions, and system failures. Test scenarios that simulate various error conditions, such as
network connectivity issues, database failures, or input validation errors. Verify that the system
handles errors gracefully, provides meaningful error messages, and recovers from failures without
data loss or corruption.
21.10 Integration and Interoperability: Validate the interoperability of the Information System with
other systems and devices within the BMC department's environment. Test the system's ability to
exchange data with other relevant systems. Verify that data is accurately shared, and interfaces
function correctly.
21.11 Documentation Verification: Review and validate all system documentation, including user
manuals, operational procedures, and configuration guides. Ensure that the documentation is
complete, up to date, and aligned with the deployed version of the Information System. Verify that
end-users can reference the documentation effectively for system usage and troubleshooting.
21.12 User Acceptance Testing (UAT): Involve end-users and key stakeholders in the testing
process. Have them perform their routine tasks using the Information System and provide
feedback
on the system's performance, usability, and alignment with their requirements. Address any issues
identified during UAT and incorporate user feedback to improve the system.
By conducting comprehensive Operational Acceptance Testing, organizations, BMC users can gain
confidence in the readiness and suitability of the Information System for operational use. It helps the
Supplier to identify any potential issues, gaps, or areas for improvement before the system is deployed in a
production environment.
22.8 Documentation and Closure: The Supplier shall maintain proper documentation of the defect, the
resolution process, and any relevant communication related to the warranty defect repair. Once the
defect is successfully resolved, the issue is considered closed, and both parties acknowledge the
completion of the warranty repair process.
Communication and collaboration between the department staff and the Supplier’s technical support team
are vital throughout the warranty defect repair process to ensure timely and effective resolution of issues.
26.1 General
The Prices Schedules are to be filled in online price schedule / commercial bid form for each of the
items of the schedule inclusive of all taxes, duties, levies, and any other overhead charges excluding
GST.
The Schedules do not generally give a full description of the information technologies to be
supplied, installed, and operationally accepted, or the Services to be performed under each item.
However, it is assumed that Bidders shall have read the Technical Requirements and other sections
of these bidding documents to ascertain the full scope of the requirements associated with each item
prior to filling in the rates and prices. The quoted rates and prices shall be deemed to cover the full
scope of these Technical Requirements, as well as overhead and profit.
If Bidders are unclear or uncertain as to the scope of any item, they shall seek clarification in
accordance with the Instructions to Bidders in the bidding documents prior to submitting their bid.
26.2 Pricing
Prices shall be filled in online on eTendering system by downloading the Commercial Bid format
available with this bid document on eTendering system. As specified in the Bid Data Sheet, prices
shall be fixed and firm for the duration of the Contract.
Bid prices shall be quoted in the manner as specified in ITB – Currencies of Bid and Payment.
Prices must correspond to items of the scope and quality defined in the Technical Requirements or
elsewhere in these bidding documents.
The Bidder must exercise great care in preparing its calculations, since there is no opportunity to
correct errors once the deadline for submission of bids has passed. A single error in specifying a
unit price can therefore change a Bidder’s overall total bid price substantially, make the bid
noncompetitive, or subject the Bidder to possible loss.
Payments will be made to the Supplier in Indian Rupees (INR).
Price Schedule / Bill of Quantities / Bill of Materials (PLEASE DO NOT FILL IN
COMMERCIAL DETAILS / RATES IN THE FOLLOWING TABLE - To be filled in the
format to be downloaded by the Supplier from eTendering system directly). Table below is only for
reference purpose only.
26.3 Implementation Schedule, Terms of Payment and Liquidated Damages for Information
System Project
Implementation Schedule, Terms of Payment and Liquidated Damages for Information System Project
Liquidated Damages if
Measurement
Description/
Deliverables
Payment
Milestones
Quantity
to be fulfilled is not achieved on
Unit of
Days *
Sr. No.
Target
Stage
%
Item
for Payment target date during
SITC
phase
AI Digital Adoption - Citizen Enablement on BMC Portal
- Inception Report:
-
· Project Implementation
Lump T+ 7 Report
1 Plan 1 -
Sum days Submission
· Approach document
· High Level Project Plan
- Requirement Gathering
and Analysis Report:
· Existing Application &
2 -
data records analysis
Lump T+ 15 Report
· Detailed process flow 1 -
Sum days Submission
for each type of work/
Activity for Phase 1
· Requirement
Pre- traceability Matrix
Impleme
1 - System Design Report:
ntation
· Functional
Stage
requirement Document
(FRS) Lump
3 1 -
System Requirement Sum
Specifications (SRS)
including cloud server
T+ 21 Report INR 2000 per week of
specifications.
days Submission delay
· System Integration
Plan with other
application with detailed
analysis of integration
system
· Conceptual modules at
broad level for proposed
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3. Digital
adoption
Designing, development walkthrough
implementation testing
and commissioning of
1,2, Lump
7 AI Guide Voice 1
3 Sum
conversation (unlimited)
(including chat) for AI
Use cases.
1,2, · Demonstration and Approval of 50% of
3 Presentation of following one-time
8 developed applications Reports cost
UAT Sign-
as per requirements Lump T + 90 1. UAT Sign-Off
3 Off & Go- 1 -
documented in earlier Sum days Report from
Live
report. department
2. Go-Live
. UAT Sign-Off & Go-Live Certificate
4,5, On
6 Approval on - quarterly
Operatio . SLA Compliance Report From 1. Compliance basis
n& · AI Solution Lump golive Report (adhering
4 9 1 -
Maintena Performance Report Sum to 36 2. AI Solution SLA
nce of AI . Exit Management Plan months Performance Report
Solution Report submitte
d)
T is Date of Issuance of LoA
26.4 Summary of Cost Components (Price Schedules / Bill of Materials & Quantities)
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27. Service Level Agreements for Information System during Operations &
Maintenance (O&M) Phase
A Service Level Agreement (SLA) for Information System outlines the agreed-upon levels of service and
performance between the Supplier of Information System and the BMC. The Supplier shall fulfill following
SLAs regarding system availability, response times, support, and other key metrics during O&M Phase of
the project:
Sr. Service Category SLA Service Level Breach Threshold Liquidated Damages
No. No. Agreement
27.1 Service 27.1.1 Service Availability: System availability falling 1% of monthly contract price
Availability This measures the below 99.9% in a calendar of O&M phase per hour of
expected uptime and month system unavailability
availability of the exceeding the threshold
Information System
27.2 Performance 27.2.1 System Response Time: Exceeding 10 seconds for 2% of monthly contract price
Metrics: This measures the target average response time to of O&M phase per incident of
response time for key user requests. This SLA response time exceeding the
operations such as record will be measured threshold
addition, retrieval, randomly in a month in
search, and upload. presence of the
representative of the
Supplier.
27.3 Security and Data 27.3.1 Data Security Measures: Exceeding 24 hours for 2% of monthly contract price
Protection: Describes resolution resolution time to security of O&M phase for each
time to any security incidents security vulnerability
incidents discovered and not remediated
within timeframe specified by
CERT-In which is immediate
for Critical level, 24 hours for
High level, 7 days for Medium
level and 30 days for Low
level of severity
27.3.2 Data Backup and Failure to perform 2% of monthly contract price
Recovery: This measures scheduled backups or of O&M phase per missed
instances of failure to inability to recover data backup
perform scheduled
backups or inability to
recover data
27.4 System 27.4.1 Maintenance Updates: Non update of security 2% of monthly contract price
Maintenance and This verifies that one patches of Operating of O&M phase per week of
Updates: version earlier than the System, Database and delay in applying updates
latest patches released by Other Software
Original Manufacturer of components upto 1 level
software are applied by less than those released by
the Supplier on Original Manufacturers of
Information System such software on quarterly
basis
27.5 Disaster Recovery 27.5.1 Recovery time objectives RTO > 4 hours or RPO > 1% of monthly contract price
and Business (RTO) and recovery 60 minutes of O&M phase per hour of
Continuity: point objectives (RPO). downtime exceeding RTO and
1% of monthly contract price
of O&M phase for data loss
exceeding RPO or 2% if
breach of both RTO and RPO
is applicable
27.6 Support and 27.6.1 Resolution Time: This Exceeding 24 hours for INR 2000 per ticket per hour
Escalation: measures the timeframe fulfilment of support exceeding 24 hours
within which the request or resolution of
Supplier resolves the issues
requests or issues.
27.7 Reporting and 27.7.1 Performance Reports: Non submission of reports 2% of monthly contract price
Communication: This measures the on all SLAs listed in this of O&M phase per missed
frequency of submission section for every month report
of performance reports to on or before 10th of next
be provided by the month
Supplier, including
system availability,
response times, and
support statistics.
Note:
Scheduled maintenance downtime (patch upgradation, new feature release) is 4 hours in a month preferably during the
Night-time
Any downtime for maintenance shall be with prior written intimation to the Purchaser.
Application Downtime shall be measured from the time the application/service becomes unavailable (excluding scheduled
downtime agreed mutually) for Business processing to the end user.
System Integrator shall submit the “AI Solution Performance Report” during the O&M phase as mentioned in the
implementation plan. Basis on the quarterly review & outcomes of the project at BMC IT level for 1st year, the go-ahead shall
be given by the Department for continuation of the subscription-based O&M phase for 2 nd and 3rd year.
The payments in the implementation period & O&M phase shall be done “As Per the Use” basis i.e. subscription based only
28. Site Table(s) (if applicable)
The Supplier shall carry out Supply, Installation, Testing & Commissioning of Information System
Software and related hardware components during implementation phase and shall provide handholding /
support at the following offices / locations of BMC as part of scope of work
Sr. Nodal Contact Email
Category Department No. Office Name Address Officer No. ID
A Ward Offices 1 A Ward Colaba
Sandhurst
2 B Ward Road
3 C Ward Marine Line
4 D Ward Grant Road
5 E Ward Byculla
6 FS Ward Parel
7 FN Ward Matunga
8 GS Ward Prabhadevi
9 GN Ward Dadar
10 HE Ward Santacruz
11 HW Ward Bandra
12 KE Ward Andheri
13 KW Ward Andheri
14 PS ward Goregaon
15 PN Ward Malad
16 RS Ward Kandivali
17 RC Ward Borivali
18 RN Ward Dahisar
19 L Ward Kurla
20 ME Ward Govandi
21 MW Ward Chembur
22 N Ward Ghatkopar
23 S Ward Bhandup
24 T Ward Mulund
Central Agencies/ Assessment &
B Departments 25 Collection Byculla
Bridges
26 Department Worli
Building
Maintenance
27 Department Worli
Building
28 Proposal Wadala
Central
Purchase
29 Department Byculla
Head Office,
30 City Engineer Fort
Coastal Road
31 Department Worli
32 CTI&RC Borivali
Deonar
33 Abattoir Deonar
Disposal
Department
Mun. Printing
57 Press Byculla
Municipal
58 Architect Worli
Municipal Head Office,
59 Chief Auditor Fort
Municipal
Commissioner Head Office,
60 Office Fort
Municipal Head Office,
61 Secretary Fort
62 Planning Press Dadar
Protocol & Head Office,
63 Liaison Office Fort
Public Health
64 Department Parel
Public Relation Head Office,
65 Office Fort
Removal of
66 Encroachment Currey Road
Roads &
Traffic
67 Department Worli
68 Security Office Worli
Sewerage
69 Operation Worli
Sewerage
70 Project Worli
Shops &
71 Establishment Dadar
SIC
72 Department Worli
Solid Waste
73 Management Grant Road
Storm Water
74 Drainage Worli
Treasury Head Office,
75 Department Fort
Vigilance
76 Department Ghatkopar
Water Supply
77 Project Worli
WSSD Head Office,
78 Department Fort
ZOO
79 Department Byculla
(2) “Contract Documents” means the documents specified in Article 1.1 (Contract Documents)
of the Contract Agreement (including any amendments to these Documents).
(3) “Contract Agreement” means the agreement entered into between BMC and the Supplier
using the form of Contract Agreement contained in the Sample Contractual Forms Section of
the bidding documents and any modifications to this form agreed to by BMC and the
Supplier. The date of the Contract Agreement shall be recorded in the signed form.
(4) “GCC” means the General Conditions of Contract.
(5) “SCC” means the Special Conditions of Contract.
(6) “Technical Requirements” means the Section - Technical Requirements in the bidding
documents.
(7) “Implementation Schedule” means the Section - Implementation Schedule in the bidding
documents.
(8) “Contract Price” means the price or prices defined in Article 2 (Contract Price and Terms of
Payment) of the Contract Agreement.
(9) “Bidding documents” refers to the collection of documents issued by BMC to instruct and
inform potential suppliers of the processes for bidding, selection of the winning bid, and
Contract formation, as well as the contractual conditions governing the relationship between
BMC and the Supplier. The General and Special Conditions of Contract, the Technical
Requirements, and all other documents included in the bidding documents reflect the
Procurement Regulations that BMC is obligated to follow during procurement and
administration of this Contract.
ii) entities
(1) “Purchaser” means the entity purchasing the Information System / Services, which is
Brihanmumbai Municipal Corporation (BMC).
(2) “Project Manager” means the person appointed by BMC in the manner provided in GCC
Clause (Representatives - Project Manager) to perform the duties delegated by BMC.
(3) “Supplier” means the firm or Joint Venture whose bid to perform the Contract has been
accepted by BMC and is named as such in the Contract Agreement.
(4) “Supplier’s Representative” means any person nominated by the Supplier and named as such
in the Contract Agreement or otherwise approved by BMC in the manner provided in GCC
Clause (Representatives - Supplier’s Representative) to perform the duties delegated by the
Supplier.
(5) “Subcontractor” means any firm to whom any of the obligations of the Supplier, including
preparation of any design or supply of any Information Technologies or other Goods or
Services, is subcontracted directly or indirectly by the Supplier.
(6) “Adjudicator” means the person named in Appendix 2 of the Contract Agreement, appointed
by agreement between BMC and the Supplier to make a decision on or to settle any dispute
between BMC and the Supplier referred to him or her by the parties, pursuant to GCC Clause
(Adjudication).
iii) scope
(1) “Information System,” also called “the System,” means all the Information Technologies,
Materials, and other Goods to be supplied, installed, integrated, and made operational
(exclusive of the Supplier’s Equipment), together with the Services to be carried out by the
Supplier under the Contract.
(2) “Subsystem” means any subset of the System identified as such in the Contract that may be
supplied, installed, tested, and commissioned individually before Commissioning of the
entire System.
(3) “Information Technologies” means all information processing and communications- related
hardware, Software, supplies, and consumable items that the Supplier is required to supply
and install under the Contract.
(4) “Goods” means all equipment, machinery, furnishings, Materials, and other tangible items
that the Supplier is required to supply or supply and install under the Contract,
including, without limitation, the Information Technologies and Materials, but excluding the
Supplier’s Equipment.
(5) “Services” means all technical, logistical, management, and any other Services to be
provided by the Supplier under the Contract to supply, install, customize, integrate, and make
operational the System. Such Services may include, but are not restricted to, activity
management and quality assurance, design, development, customization, documentation,
transportation, insurance, inspection, expediting, site preparation, installation, integration,
training, data migration, Pre-commissioning, Commissioning, maintenance, and technical
support.
(6) “The Project Plan” means the document to be developed by the Supplier and approved by
BMC, pursuant to GCC Clause (Project Plan), based on the requirements of the Contract and
the Preliminary Project Plan included in the Supplier’s bid. The “Agreed Project Plan” is the
version of the Project Plan approved by BMC, in accordance with GCC Clause (Project
Plan). Should the Project Plan conflict with the Contract in any way, the relevant provisions
of the Contract, including any amendments, shall prevail.
(7) “Software” means that part of the System which are instructions that cause information
processing Subsystems to perform in a specific manner or execute specific operations.
(8) “System Software” means Software that provides the operating and management instructions
for the underlying hardware and other components, and is identified as such in Appendix 4 of
the Contract Agreement and such other Software as the parties may agree in writing to be
Systems Software. Such System Software includes, but is not restricted to, micro-code
embedded in hardware (i.e., “firmware”), operating systems, communications, system and
network management, and utility software.
(9) “General-Purpose Software” means Software that supports general-purpose office and
software development activities and is identified as such in Appendix 4 of the Contract
Agreement and such other Software as the parties may agree in writing to be General-
Purpose Software. Such General-Purpose Software may include, but is not restricted to,
word processing, spreadsheet, generic database management, and application development
software.
(10) “Application Software” means Software formulated to perform specific business or technical
functions and interface with the business or technical users of the System and is identified as
such in Appendix 4 of the Contract Agreement and such other Software as the parties may
agree in writing to be Application Software.
(11) “Standard Software” means Software identified as such in Appendix 4 of the Contract
Agreement and such other Software as the parties may agree in writing to be Standard
Software.
(12) “Custom Software” means Software identified as such in Appendix 4 of the Contract
Agreement and such other Software as the parties may agree in writing to be Custom
Software.
(13) “Source Code” means the database structures, dictionaries, definitions, program source files,
and any other symbolic representations necessary for the compilation, execution, and
subsequent maintenance of the Software (typically, but not exclusively, required for Custom
Software).
(14) “Materials” means all documentation in printed or printable form and all instructional and
informational aides in any form (including audio, video, and text) and on any medium,
provided to BMC under the Contract.
(15) “Standard Materials” means all Materials not specified as Custom Materials. (16)“Custom
Materials” means Materials developed by the Supplier at BMC’s expense
under the Contract and identified as such in Appendix 5 of the Contract Agreement and such
other Materials as the parties may agree in writing to be Custom Materials. Custom Materials
includes Materials created from Standard Materials.
(17) “Intellectual Property Rights” means any and all copyright, moral rights, trademark, patent,
and other intellectual and proprietary rights, title and interests worldwide, whether vested,
contingent, or future, including without limitation all economic rights
and all exclusive rights to reproduce, fix, adapt, modify, translate, create derivative works
from, extract or re-utilize data from, manufacture, introduce into circulation, publish,
distribute, sell, license, sublicense, transfer, rent, lease, transmit or provide access
electronically, broadcast, display, enter into computer memory, or otherwise use any portion
or copy, in whole or in part, in any form, directly or indirectly, or to authorize or assign
others to do so.
(18) “Supplier’s Equipment” means all equipment, tools, apparatus, or things of every kind
required in or for installation, completion and maintenance of the System that are to be
provided by the Supplier, but excluding the Information Technologies, or other items
forming part of the System.
iv) activities
(1) “Delivery” means the transfer of the Goods from the Supplier to BMC in accordance with
the current edition Incoterms specified in the Contract.
(2) “Installation” means that the System or a Subsystem as specified in the Contract is ready for
Commissioning as provided in GCC Clause (Installation of the System).
(3) “Pre-commissioning” means the testing, checking, and any other required activity that may
be specified in the Technical Requirements that are to be carried out by the Supplier in
preparation for Commissioning of the System as provided in GCC Clause (Installation of the
System).
(4) “Commissioning” means operation of the System or any Subsystem by the Supplier
following Installation, which operation is to be carried out by the Supplier as provided in
GCC Clause (Commissioning and Operational Acceptance), for the purpose of carrying out
Operational Acceptance Test(s).
(5) “Operational Acceptance Tests” means the tests specified in the Technical Requirements and
Agreed Project Plan to be carried out to ascertain whether the System, or a specified
Subsystem, is able to attain the functional and performance requirements specified in the
Technical Requirements and Agreed Project Plan, in accordance with the provisions of GCC
Clause (Commissioning and Operational Acceptance).
(6) “Operational Acceptance” means the acceptance by BMC of the System (or any
Subsystem(s) where the Contract provides for acceptance of the System in parts), in
accordance with GCC Clause (Commissioning and Operational Acceptance).
v) place and time
(1) “Supplier’s Country” is the country in which the Supplier is legally organized, as named in
the Contract Agreement.
(2) “Project Site(s)” means the place(s) in the Site Table in the Technical Requirements Section
for the supply and installation of the System.
(3) “Day” means calendar day of the Gregorian Calendar.
(4) “Week” means seven (7) consecutive Days, beginning the day of the week i.e. Monday
as is customary in India.
(5) “Month” means calendar month of the Gregorian Calendar.
(6) “Year” means twelve (12) consecutive Months.
(7) “Effective Date” means the date of fulfillment of all conditions specified in Article 3
(Effective Date for Determining Time for Achieving Operational Acceptance) of the
Contract Agreement, for the purpose of determining the Delivery, Installation, and
Operational Acceptance dates for the System or Subsystem(s).
(8) “Contract Period” is the time period during which this Contract governs the relations and
obligations of BMC and Supplier in relation to the System, the Contract shall continue in
force until the Information System and all the Services have been provided, unless the
Contract is terminated earlier in accordance with the terms set out in the Contract.
(9) “Defect Liability Period” (also referred to as the “Warranty Period”) means the period of
validity of the warranties given by the Supplier commencing at date of the Operational
Acceptance Certificate of the System or Subsystem(s), during which the Supplier is
responsible for defects with respect to the System (or the relevant Subsystem[s]) as provided
in GCC Clause (Defect Liability).
(10) “The Coverage Period” means the Days of the Week and the hours of those Days during
which maintenance, operational, and/or technical support services (if any) must be available.
(11) “The Post-Warranty Services Period” means the number of years defined in the Section –
BMC’s Requirements (if any), following the expiration of the Warranty Period during which
the Supplier may be obligated to provide Software licenses, maintenance, and/or technical
support services for the System, either under this Contract or under separate contract(s).
2. Contract Documents
a. Subject to Article 1.2 (Order of Precedence) of the Contract Agreement, all documents forming part of the
Contract (and all parts of these documents) are intended to be correlative, complementary, and mutually
explanatory. The Contract shall be read as a whole.
3. Interpretation
a. Governing Language
i. All Contract Documents and related correspondence exchanged between BMC and Supplier shall be
written in the language of these bidding documents (English), and the Contract shall be construed and
interpreted in accordance with that language.
ii. If any of the Contract Documents or related correspondence are prepared in a language other than the
governing language under GCC Clause above, the translation of such documents into the governing
language shall prevail in matters of interpretation. The originating party, with respect to such
documents shall bear the costs and risks of such translation.
b. Singular and Plural
The singular shall include the plural and the plural the singular, except where the context otherwise requires.
c. Headings
The headings and marginal notes in the GCC are included for ease of reference and shall neither constitute a
part of the Contract nor affect its interpretation.
d. Persons
Words importing persons or parties shall include firms, corporations, and government entities.
e. Incoterms
Unless inconsistent with any provision of the Contract, the meaning of any trade term and the rights and
obligations of parties thereunder shall be as prescribed by the Incoterms. Incoterms means international rules
for interpreting trade terms published by the International Chamber of Commerce (latest edition), 38 Cours
Albert 1er, 75008 Paris, France.
f. Entire Agreement
The Contract constitutes the entire agreement between BMC and Supplier with respect to the subject matter of
Contract and supersedes all communications, negotiations, and agreements (whether written or oral) of parties
with respect to the subject matter of the Contract made prior to the date of Contract.
g. Amendment
No amendment or other variation of the Contract shall be effective unless it is in writing, is dated, expressly
refers to the Contract, and is signed by a duly authorized representative of each party to the Contract.
h. Independent Supplier
The Supplier shall be an independent contractor performing the Contract. The Contract does
not create any agency, partnership, joint venture, or other joint relationship between the parties to the Contract.
Subject to the provisions of the Contract, the Supplier shall be solely responsible for the manner in which the
Contract is performed. All employees, representatives, or Subcontractors engaged by the Supplier in
connection with the performance of the Contract shall be under the complete control of the Supplier and shall
not be deemed to be employees of BMC, and nothing contained in the Contract or in any subcontract awarded
by the Supplier shall be construed to create any contractual relationship between any such employees,
representatives, or Subcontractors and BMC.
i. Joint Venture
If the Supplier is a Joint Venture of two or more firms, all such firms shall be jointly and severally bound to
BMC for the fulfillment of the provisions of the Contract and shall designate one of such firms to act as a
leader with authority to bind the Joint Venture. The composition or constitution of the Joint Venture shall not
be altered without the prior consent of BMC.
j. Nonwaiver
i. Subject to GCC Clause below, no relaxation, forbearance, delay, or indulgence by either party in
enforcing any of the terms and conditions of the Contract or the granting of time by either party to the
other shall prejudice, affect, or restrict the rights of that party under the Contract, nor shall any waiver
by either party of any breach of Contract operate as waiver of any subsequent or continuing breach of
Contract.
ii. Any waiver of a party’s rights, powers, or remedies under the Contract must be in writing, must be
dated and signed by an authorized representative of the party granting such waiver, and must specify
the right and the extent to which it is being waived.
iii. Severability If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity, or unenforceability shall not affect the validity or
enforceability of any other provisions and conditions of the Contract.
k. Country of Origin
“Origin” means the place where the Information Technologies, Materials, and other Goods for the System were
produced or from which the Services are supplied. Goods are produced when, through manufacturing,
processing, Software development, or substantial and major assembly or integration of components, a
commercially recognized product results that is substantially different in basic characteristics or in purpose or
utility from its components. The Origin of Goods and Services is distinct from the nationality of the Supplier
and may be different.
4. Notices
a. Unless otherwise stated in the Contract, all notices to be given under the Contract shall be in writing and shall
be sent, pursuant to GCC Clause below, by personal delivery, airmail post, special courier, facsimile, electronic
mail, or Electronic Data Interchange (EDI), with the following provisions.
i. Any notice sent by facsimile, electronic mail, or EDI shall be confirmed within two (2) days after
dispatch by notice sent by airmail post or special courier, except as otherwise specified in the
Contract.
ii. Any notice sent by airmail post or special courier shall be deemed (in the absence of evidence of
earlier receipt) to have been delivered ten (10) days after dispatch. In proving the fact of dispatch, it
shall be sufficient to show that the envelope containing such notice was properly addressed, stamped,
and conveyed to the postal authorities or courier service for transmission by airmail or special courier.
iii. Any notice delivered personally or sent by facsimile, electronic mail, or EDI shall be deemed to have
been delivered on the date of its dispatch.
iv. Either party may change its postal, facsimile, electronic mail, or EDI addresses for receipt of such
notices by ten (10) days’ notice to the other party in writing.
b. Notices shall be deemed to include any approvals, consents, instructions, orders, certificates, information and
other communication to be given under the Contract.
c. Pursuant to GCC Clause (Representatives), notices from/to BMC are normally given by, or addressed to, the
Project Manager, while notices from/to the Supplier are normally given by, or addressed to, the Supplier's
Representative, or in its absence its deputy if any. If there is no appointed Project Manager or Supplier's
Representative (or deputy), or for any other reason, BMC or Supplier may give and receive notices at their
fallback addresses. The address of the Project Manager and the fallback address of BMC are as subsequently
established/amended. The address of the Supplier's Representative and the fallback address of the Supplier are
as specified in Appendix 1 of the Contract Agreement or as subsequently established/amended.
5. Governing Law
a. The Contract shall be governed by and interpreted in accordance with the laws of India.
b. Throughout the execution of the Contract, the Supplier shall comply with the import of goods and
services prohibitions in India when
i. as a matter of law or official regulations, India prohibits commercial relations with that
country; or
ii. by an act of compliance with a decision of the United Nations Security Council taken under
Chapter VII of the Charter of the United Nations, India prohibits any import of goods from
that country or any payments to any country, person, or entity in that country.
6. Fraud and Corruption
a. BMC requires compliance with the BMC’s Anti-Corruption Guidelines and its prevailing sanctions
policies and procedures (as detailed in Section VI – Fraud and Corruption)
b. BMC requires the Supplier to disclose any commissions or fees that may have been paid or are to be
paid to agents or any other party with respect to the bidding process or execution of the Contract.
The information disclosed must include at least the name and address of the agent or other party, the
amount and currency, and the purpose of the commission, gratuity or fee.
Supplier shall be entitled under GCC Clause (Extension of Time for Achieving Operational
Acceptance).
9. Supplier’s Responsibilities
a. The Supplier shall conduct all activities with due care and diligence, in accordance with the Contract
and with the skill and care expected of a competent provider of information technologies,
information systems, support, maintenance, training, and other related services, or in accordance
with best industry practices. In particular, the Supplier shall provide and employ only technical
personnel who are skilled and experienced in their respective callings and supervisory staff who are
competent to adequately supervise the work at hand.
b. The Supplier confirms that it has entered into this Contract on the basis of a proper examination of
the data relating to the System provided by BMC and on the basis of information that the Supplier
could have obtained from a visual inspection of the site (if access to the site was available) and of
other data readily available to the Supplier relating to the System as at the date twenty-eight (28)
days prior to bid submission. The Supplier acknowledges that any failure to acquaint itself with all
such data and information shall not relieve its responsibility for properly estimating the difficulty or
cost of successfully performing the Contract.
c. The Supplier shall be responsible for timely provision of all resources, information, and decision
making under its control that are necessary to reach a mutually Agreed Project Plan (pursuant to
GCC Clause (Project Plan) within the time schedule specified in the Implementation Schedule.
Failure to provide such resources, information, and decision- making may constitute grounds for
termination pursuant to GCC Clause (Termination).
d. The Supplier shall acquire in its name all permits, approvals, and/or licenses from all local, state, or
national government authorities or public service undertakings in India that are necessary for the
performance of the Contract, including, without limitation, visas for the Supplier’s and
Subcontractor’s personnel and entry permits for all imported Supplier’s Equipment. The Supplier
shall acquire all other permits, approvals, and/or licenses that are not the responsibility of BMC
under GCC Clause (BMC's Responsibility) and that are necessary for the performance of the
Contract.
e. The Supplier shall comply with all laws in force in India. The laws will include all national,
provincial, municipal, or other laws that affect the performance of the Contract and are binding upon
the Supplier. The Supplier shall indemnify and hold harmless BMC from and against any and all
liabilities, damages, claims, fines, penalties, and expenses of whatever nature arising or resulting
from the violation of such laws by the Supplier or its personnel, including the Subcontractors and
their personnel, but without prejudice to GCC Clause (BMC's Responsibilities). The Supplier shall
not indemnify BMC to the extent that such liability, damage, claims, fines, penalties, and expenses
were caused or contributed to by a fault of BMC.
f. The Supplier shall, in all dealings with its labor and the labor of its Subcontractors currently
employed on or connected with the Contract, pay due regard to all recognized festivals, official
holidays, religious or other customs, and all local laws and regulations pertaining to the employment
of labor.
g. Any Information Technologies or other Goods and Services that will be incorporated in or be
required for the System and other supplies shall have their Origin, as defined in GCC Clause
(Interpretation)
C. PAYMENT
11. Contract Price
a. The Contract Price shall be as specified in Article 2 (Contract Price and Terms of Payment) of the
Contract Agreement.
b. The Contract Price shall be a firm lump sum not subject to any alteration, except in the event of a
Change in the System pursuant to GCC Clause (Changes to the System) or to other clauses in the
Contract;
c. The Supplier shall be deemed to have satisfied itself as to the correctness and sufficiency of the
Contract Price, which shall, except as otherwise provided for in the Contract, cover all its obligations
under the Contract.
12. Terms of Payment
a. The Supplier’s request for payment shall be made to BMC in writing, accompanied by an invoice
describing, as appropriate, the System or Subsystem(s), Delivered, Pre- commissioned, Installed, and
Operationally Accepted, and by documents submitted pursuant to GCC Clause (Procurement,
Delivery, and Transport) and upon fulfillment of other obligations stipulated in the Contract. The
Contract Price shall be paid as specified in the relevant section of Section – BMC’s
Requirements.
b. No payment made by BMC herein shall be deemed to constitute acceptance by BMC of the System
or any Subsystem(s).
c. Payments shall be made by BMC, after submission of a valid invoice by the Supplier.
d. Payments shall be made in the currency(ies) specified in the Contract Agreement, pursuant to GCC
Clause (BMC’s Responsibilities). For Goods and Services supplied locally, payments shall be made
in Indian Rupees (INR).
13. Securities
a. Issuance of Securities
The Supplier shall provide the securities specified below in favor of BMC at the times and in the amount, manner, and
form specified below.
b. Performance Security
i. The Supplier shall, within twenty-eight (28) days of the notification of Contract award, provide a
security for the due performance of the Contract in the amount in Indian Rupees (INR).
ii. The security shall be a bank guarantee in the form provided in the Sample Contractual Forms Section
of the bidding documents, or it shall be in another form acceptable to BMC.
iii. The security shall automatically become null and void once all the obligations of the Supplier under the
Contract have been fulfilled, including, but not limited to, any obligations during the Warranty Period
and any extensions to the period. The security shall be returned to the Supplier no later than ninety (90)
days after its expiration.
iv. Upon Operational Acceptance of the entire System, the security shall be reduced to the amount
specified in the BDS, on the date of such Operational Acceptance, so that the reduced security
would only cover the remaining warranty obligations of the Supplier.
D. INTELLECTUAL PROPERTY
15. Copyright
a. The Intellectual Property Rights in all Standard Software and Standard Materials shall remain vested
in the owner of such rights.
b. BMC agrees to restrict use, copying, or duplication of the Standard Software and Standard Materials
in accordance with GCC Clause (Software License Agreements), except that additional copies of
Standard Materials may be made by BMC for use within the scope of the project of which the
System is a part, in the event that the Supplier does not deliver copies within twenty eight (28) days
from receipt of a request for such Standard Materials.
c. BMC’s contractual rights to use the Standard Software or elements of the Standard Software may not
be assigned, licensed, or otherwise transferred voluntarily except in accordance with the relevant
license agreement to a legally constituted successor organization (e.g., a reorganization of a public
entity formally authorized by the government or through a merger or acquisition of a private entity).
d. The Intellectual Property Rights in all Custom Software and Custom Materials specified in
Appendices 4 and 5 of the Contract Agreement (if any) shall, at the date of this Contract or on
creation of the rights (if later than the date of this Contract), vest in BMC. The Supplier shall do and
execute or arrange for the doing and executing of each necessary act, document, and thing that BMC
may consider necessary or desirable to perfect the right, title, and interest of BMC in and to those
rights. In respect of such Custom Software and Custom Materials, the Supplier shall ensure that the
holder of a moral right in such an item does not assert it, and the Supplier shall, if requested to do so
by BMC and where permitted by applicable law, ensure that the holder of such a moral right waives
it.
16. Software License Agreements
a. Except to the extent that the Intellectual Property Rights in the Software vest in BMC, the Supplier
hereby grants to BMC license to access and use the Software, including all inventions, designs, and
marks embodied in the Software.
Such license to access and use the Software shall:
a. be:
i. nonexclusive;
ii. fully paid up and irrevocable (except that it shall terminate if the Contract
terminates under relevant GCC Clauses (Termination);
iii. valid throughout the territory of India;
iv. subject to NO additional restrictions.
b. permit the Software to be:
i. used or copied for use on or with the computer(s) for which it was acquired (if
specified in the Technical Requirements and/or the Supplier’s bid), plus a backup
computer(s) of the same or similar capacity, if the primary is(are) inoperative, and
during a reasonable transitional period when use is being transferred between
primary and backup;
ii. used or copied for use on or transferred to a replacement computer(s), (and use on
the original and replacement computer(s) may be simultaneous during a reasonable
transitional period) provided that, if the Technical Requirements and/or the
Supplier’s bid specifies a class of computer to which the license is restricted, the
replacement computer(s) is(are) within that class;
c. if the nature of the System is such as to permit such access, accessed from other computers
connected to the primary and/or backup computer(s) by means of a local or wide-area
network or similar arrangement, and used on or copied for use on those other computers to
the extent necessary to that access;
d. reproduced for safekeeping or backup purposes;
e. customized, adapted, or combined with other computer software for use by BMC, provided
that derivative software incorporating any substantial part of the delivered, restricted
Software shall be subject to same restrictions as are set forth in this Contract;
f. disclosed to, and reproduced for use by, support service suppliers and their subcontractors,
(and BMC may sublicense such persons to use and copy for use the Software) to the extent
reasonably necessary to the performance of their support service contracts, subject to the
same restrictions as are set forth in this Contract; and
g. disclosed to, and reproduced for use by, NO other parties.
b. The Supplier has the right to audit the Standard Software to verify compliance with the above license
agreements. BMC will make available to the Supplier, within seven (7) days of a written request,
accurate and up-to-date records of the number and location of copies, the number of authorized
users, or any other relevant data required to demonstrate use of the Standard Software as per the
license agreement. If and only if, expressly agreed in writing between BMC and the Supplier, BMC
will allow, under a pre-specified agreed procedure, the execution of embedded software functions
under Supplier’s control, and unencumbered transmission of resulting information on software
usage.
i. If the Supplier’s Representative is not named in the Contract, then within fourteen (14) days
of the Effective Date, the Supplier shall appoint the Supplier’s Representative and shall
request BMC in writing to approve the person so appointed. The request must be
accompanied by a detailed curriculum vitae for the nominee, as well as a description of any
other System or non-System responsibilities the nominee would retain while performing the
duties of the Supplier’s Representative. If BMC does not object to the appointment within
fourteen (14) days, the Supplier’s Representative shall be deemed to have been approved. If
BMC objects to the appointment within fourteen (14) days giving the reason therefor, then
the Supplier shall appoint a replacement within fourteen (14) days of such objection in
accordance with this GCC Clause (Representatives).
ii. The Supplier’s Representative shall have the authority to represent the Supplier on all day-
to-day matters relating to the System or arising from the Contract, and shall normally be the
person giving or receiving notices on behalf of the Supplier pursuant to GCC Clause
(Notices).
iii. The Supplier shall not revoke the appointment of the Supplier’s Representative without
BMC’s prior written consent, which shall not be unreasonably withheld. If BMC consents to
such an action, the Supplier shall appoint another person of equal or superior qualifications
as the Supplier’s Representative, pursuant to the procedure set out in GCC Clause
(Representatives).
iv. The Supplier’s Representative and staff are obliged to work closely with BMC’s Project
Manager and staff, act within their own authority, and abide by directives issued by BMC
that are consistent with the terms of the Contract. The Supplier’s Representative is
responsible for managing the activities of its personnel and any subcontracted personnel.
v. The Supplier’s Representative may, subject to the approval of BMC (which shall not be
unreasonably withheld), at any time delegate to any person any of the powers, functions, and
authorities vested in him or her. Any such delegation may be revoked at any time. Any such
delegation or revocation shall be subject to a prior notice signed by the Supplier’s
Representative and shall specify the powers, functions, and authorities thereby delegated or
revoked. No such delegation or revocation shall take effect unless and until the notice of it
has been delivered.
vi. Any act or exercise by any person of powers, functions and authorities so delegated to him
or her in accordance with GCC Clause (Representatives) shall be deemed to be an act or
exercise by the Supplier’s Representative.
c. Objections and Removals
i. BMC may by notice to the Supplier object to any representative or person employed by the
Supplier in the execution of the Contract who, in the reasonable opinion of BMC, may have
behaved inappropriately, be incompetent, or be negligent. BMC shall provide evidence of
the same, whereupon the Supplier shall remove such person from work on the System.
ii. If any representative or person employed by the Supplier is removed in accordance with
GCC Clause (Representatives), the Supplier shall, where required, promptly appoint a
replacement.
19. Project Plan
a. In close cooperation with BMC and based on the Preliminary Project Plan included in the Supplier’s
bid, the Supplier shall develop a Project Plan encompassing the activities specified in the Contract.
The contents of the Project Plan shall be as specified in the Section – BMC’s Requirements.
b. Within twenty eight (28) days from the Effective Date of the Contract, the Supplier shall present a
Project Plan to BMC. BMC shall, within fourteen (14) days of receipt of the Project Plan, notify the
Supplier of any respects in which it considers that the Project Plan does not adequately ensure that
the proposed program of work, proposed methods, and/or proposed Information Technologies will
satisfy the Technical Requirements (in this Clause, called “non- conformities” below). The Supplier
shall, within five (5) days of receipt of such notification, correct the Project Plan and resubmit to
BMC. BMC shall, within five (5) days of resubmission of the Project Plan, notify the Supplier of
any remaining non-conformities. This procedure shall be repeated as necessary until the Project Plan
is free from non-conformities. When the Project Plan is free from non-conformities, BMC shall
provide confirmation in writing to the Supplier. This approved Project Plan (“the Agreed Project
Plan”) shall be contractually binding on BMC and the Supplier.
c. If required, the impact on the Implementation Schedule of modifications agreed during finalization
of the Agreed Project Plan shall be incorporated in the Contract by amendment, in accordance with
relevant GCC Clauses (Changes to the System) and (Extension of Time for Achieving Operational
Acceptance).
d. The Supplier shall undertake to supply, install, test, and commission the System in accordance with
the Agreed Project Plan and the Contract.
e. The Supplier shall submit to BMC Monthly Progress Reports summarizing:
i. results accomplished during the prior period;
ii. cumulative deviations to date from schedule of progress milestones as specified in the
Agreed Project Plan;
iii. corrective actions to be taken to return to planned schedule of progress; proposed revisions
to planned schedule;
iv. other issues and outstanding problems; proposed actions to be taken;
v. resources that the Supplier expects to be provided by BMC and/or actions to be taken by
BMC in the next reporting period;
vi. other issues or potential problems the Supplier foresees that could impact on project progress
and/or effectiveness.
f. The Supplier shall submit to BMC other (periodic) reports as specified in the Section – BMC’s
Requirements.
20. Subcontracting
a. Appendix 3 (List of Approved Subcontractors) to the Contract Agreement specifies critical items of
supply or services and a list of Subcontractors for each item that are considered acceptable by BMC.
If no Subcontractors are listed for an item, the Supplier shall prepare a list of Subcontractors it
considers qualified and wishes to be added to the list for such items. The Supplier may from time to
time propose additions to or deletions from any such list. The Supplier shall submit any such list or
any modification to the list to BMC for its approval in sufficient time so as not to impede the
progress of work on the System. BMC shall not withhold such approval unreasonably. Such
approval by BMC of a Subcontractor(s) shall not relieve the Supplier from any of its obligations,
duties, or responsibilities under the Contract.
b. The Supplier may, at its discretion, select and employ Subcontractors for such critical items from
those Subcontractors listed pursuant to GCC Clause (Subcontracting). If the Supplier wishes to
employ a Subcontractor not so listed, or subcontract an item not so listed, it must seek BMC’s prior
approval under GCC Clause (Subcontracting).
c. For items for which pre-approved Subcontractor lists have not been specified in Appendix 3 to the
Contract Agreement, the Supplier may employ such Subcontractors as it may select, provided: (i) the
Supplier notifies BMC in writing at least twenty-eight (28) days prior to the proposed mobilization
date for such Subcontractor; and (ii) by the end of this period either BMC has granted its approval in
writing or fails to respond. The Supplier shall not engage any Subcontractor to which BMC has
objected in writing prior to the end of the notice period. The absence of a written objection by BMC
during the above specified period shall constitute formal acceptance of the proposed Subcontractor.
Except to the extent that it permits the deemed approval of BMC of Subcontractors not listed in the
Contract Agreement, nothing in this Clause, however, shall limit the rights and obligations of either
BMC or Supplier as they are specified in relevant GCC Clauses (Subcontracting), or in Appendix 3
of the Contract Agreement.
21. Design and Engineering
a. Technical Specifications and Drawings
i. The Supplier shall execute the basic and detailed design and the implementation activities
necessary for successful installation of the System in compliance with the provisions of the
Contract or, where not so specified, in accordance with good industry practice.
The Supplier shall be responsible for any discrepancies, errors or omissions in the
specifications, drawings, and other technical documents that it has prepared, whether such
specifications, drawings, and other documents have been approved by the Project Manager
or not, provided that such discrepancies, errors, or omissions are not because of inaccurate
information furnished in writing to the Supplier by or on behalf of BMC.
ii. The Supplier shall be entitled to disclaim responsibility for any design, data, drawing,
specification, or other document, or any modification of such design, drawings,
specification, or other documents provided or designated by or on behalf of BMC, by giving
a notice of such disclaimer to the Project Manager.
b. Codes and Standard
i. Wherever references are made in the Contract to codes and standards in accordance with
which the Contract shall be executed, the edition or the revised version of such codes and
standards current at the date twenty-eight (28) days prior to date of bid submission shall
apply. During Contract execution, any changes in such codes and standards shall be applied
after approval by BMC and shall be treated in accordance with GCC Clause (Changes to the
System).
c. Approval/Review of Controlling Technical Documents by the Project Manager
i. There will NO Controlling Technical Documents required. However, if the Section –
BMC’s Requirements specifies Controlling Technical Documents, the Supplier shall prepare
and furnish such documents for the Project Manager’s approval or review.
Any part of the System covered by or related to the documents to be approved by the Project
Manager shall be executed only after the Project Manager’s approval of these documents.
Relevant GCC Clauses (Design and Engineering) shall apply to those documents requiring
the Project Manager’s approval, but not to those furnished to the Project Manager for its
review only.
ii. Within fourteen (14) days after receipt by the Project Manager of any document requiring
the Project Manager’s approval in accordance with GCC Clause ((Design and Engineering),
the Project Manager shall either return one copy of the document to the Supplier with its
approval endorsed on the document or shall notify the Supplier in writing of its disapproval
of the document and the reasons for disapproval and the modifications that the Project
Manager proposes. If the Project Manager fails to take such action within the fourteen (14)
days, then the document shall be deemed to have been approved by the Project Manager.
iii. The Project Manager shall not disapprove any document except on the grounds that the
document does not comply with some specified provision of the Contract or that it is
contrary to good industry practice.
iv. If the Project Manager disapproves the document, the Supplier shall modify the document
and resubmit it for the Project Manager’s approval in accordance with GCC Clause (Design
and Engineering). If the Project Manager approves the document subject to modification(s),
the Supplier shall make the required modification(s), and the document shall then be deemed
to have been approved, subject to GCC Clause (Design and Engineering). The procedure set
out in relevant GCC Clauses (Design and Engineering) shall be repeated, as appropriate,
until the Project Manager approves such documents.
v. If any dispute occurs between BMC and the Supplier in connection with or arising out of the
disapproval by the Project Manager of any document and/or any modification(s) to a
document that cannot be settled between the parties within a reasonable period, then, in case
the Contract Agreement includes and names an Adjudicator, such dispute may be referred to
the Adjudicator for determination in accordance with GCC Clause (Adjudicator). If such
dispute is referred to an Adjudicator, the Project Manager shall give instructions as to
whether and if so, how, performance of the Contract is to proceed. The Supplier shall
proceed with the Contract in accordance with the Project Manager’s instructions, provided
that if the Adjudicator upholds the Supplier’s view on the dispute and if BMC has not given
notice under GCC Clause (Adjudication), then the Supplier shall be reimbursed by BMC for
any additional costs incurred by reason of such instructions and shall be relieved of such
responsibility or liability in connection with the dispute and the execution of the instructions
as the Adjudicator shall decide, and the Time for Achieving Operational Acceptance shall be
extended accordingly.
vi. The Project Manager’s approval, with or without modification of the document furnished by
the Supplier, shall not relieve the Supplier of any responsibility or liability imposed upon it
by any provisions of the Contract except to the extent that any subsequent failure results
from modifications required by the Project Manager or inaccurate information furnished in
writing to the Supplier by or on behalf of BMC.
vii. The Supplier shall not depart from any approved document unless the Supplier has first
submitted to the Project Manager an amended document and obtained the Project Manager’s
approval of the document, pursuant to the provisions of this GCC Clause (Design and
Engineering). If the Project Manager requests any change in any already approved
document and/or in any document based on such an approved
document, the provisions of GCC Clause (Changes to the System) shall apply to such
request.
22. Procurement, Delivery, and Transport
a. Subject to related BMC's responsibilities pursuant to relevant GCC Clauses (BMC’s
Responsibilities) and (Taxes and Duties), the Supplier shall manufacture or procure and transport all
the Information Technologies, Materials, and other Goods in an expeditious and orderly manner to
the Project Site.
b. Delivery of the Information Technologies, Materials, and other Goods shall be made by the Supplier
in accordance with the Technical Requirements.
c. Early or partial deliveries require the explicit written consent of BMC, which consent shall not be
unreasonably withheld.
d. Transportation
i. The Supplier shall provide such packing of the Goods as is required to prevent their damage
or deterioration during shipment. The packing, marking, and documentation within and
outside the packages shall comply strictly with BMC’s instructions to the Supplier.
ii. The Supplier will bear responsibility for and cost of transport to the Project Sites in
accordance with the terms and conditions used in the specification of prices in the Price
Schedules, including the terms and conditions of the associated Incoterms.
iii. The Supplier shall be free to use transportation through carriers registered in any eligible
country and to obtain insurance from any eligible source country.
e. The Supplier will provide BMC with shipping and other documents, as specified below:
i. For Goods supplied from outside India:
Upon shipment, the Supplier shall notify BMC and the insurance company contracted by the
Supplier to provide cargo insurance by telex, cable, facsimile, electronic mail, or EDI with
the full details of the shipment. The Supplier shall promptly send the following documents
to BMC by mail or courier, as appropriate, with a copy to the cargo insurance company:
1. two copies of the Supplier’s invoice showing the description of the Goods, quantity,
unit price, and total amount;
2. usual transportation documents;
3. insurance certificate;
4. certificate(s) of origin; and
5. estimated time and point of arrival in India and at the site.
ii. For Goods supplied locally (i.e., from within India):
Upon shipment, the Supplier shall notify BMC by telex, cable, facsimile, electronic mail, or
EDI with the full details of the shipment. The Supplier shall promptly send the following
documents to BMC by mail or courier, as appropriate:
1. two copies of the Supplier’s invoice showing the Goods’ description, quantity, unit
price, and total amount;
2. delivery note, railway receipt, or truck receipt;
3. certificate of insurance;
4. certificate(s) of origin; and
5. estimated time of arrival at the site.
f. Customs Clearance
i. The Supplier will bear responsibility for, and cost of, customs clearance into India in
accordance the particular Incoterm(s) used for Goods supplied from outside India in the
Price Schedules referred to by Article 2 of the Contract Agreement.
ii. In the event of delays in customs clearance that are not the fault of the Supplier, the Supplier
shall be entitled to an extension in the Time for Achieving Operational Acceptance, pursuant
to GCC Clause (Extension of Time for Achieving Operational Acceptance);
23. Product Upgrades
a. At any point during performance of the Contract, should technological advances be introduced by the
Supplier for Information Technologies originally offered by the Supplier in its bid and still to be
delivered, the Supplier shall be obligated to offer to BMC the latest versions of the available
Information Technologies having equal or better performance or functionality at the same or lesser
unit prices, pursuant to GCC Clause (Changes to the System).
b. At any point during performance of the Contract, for Information Technologies still to be delivered,
the Supplier will also pass on to BMC any cost reductions and additional and/or improved support
and facilities that it offers to other clients of the Supplier in India, pursuant to GCC Clause (Changes
to the System).
c. During performance of the Contract, the Supplier shall offer to BMC all new versions, releases, and
updates of Standard Software, as well as related documentation and technical support services,
within twenty eight (28) days of their availability from the Supplier to other clients of the Supplier in
India, and no later than three (3) months after they are released in the country of origin. In no case
will the prices for these Software exceed those quoted by the Supplier in the Recurrent Costs tables
in its bid.
d. During the Warranty Period, the Supplier will provide at no additional cost to BMC all new
versions, releases, and updates for all Standard Software that are used in the System, within twenty
eight (28) days of their availability from the Supplier to other clients of the Supplier in India, and no
later than three(3) months after they are released in the country of origin of the Software.
e. BMC shall introduce all new versions, releases or updates of the Software within three (3) months of
receipt of a production-ready copy of the new version, release, or update, provided that the new
version, release, or update does not adversely affect System operation or performance or require
extensive reworking of the System. In cases where the new version, release, or update adversely
affects System operation or performance, or requires extensive reworking of the System, the Supplier
shall continue to support and maintain the version or release previously in operation for as long as
necessary to allow introduction of the new version, release, or update. In no case shall the Supplier
stop supporting or maintaining a version or release of the Software less than twenty-four (24) months
after BMC receives a production-ready copy of a subsequent version, release, or update. BMC shall
use all reasonable endeavors to implement any new version, release, or update as soon as practicable,
subject to the twenty-four-month-long stop date.
the System or Subsystem and, when in the Supplier’s opinion the System or Subsystem is ready for
Commissioning and Operational Acceptance Testing, notify BMC in writing, in accordance with
GCC Clause (Installation of the System). The procedure set out in this GCC Clause (Installation of
the System) shall be repeated, as necessary, until an Installation Certificate is issued.
c. If the Project Manager fails to issue the Installation Certificate and fails to inform the Supplier of any
defects and/or deficiencies within fourteen (14) days after receipt of the Supplier’s notice under GCC
Clause (Installation of the System), or if BMC puts the System or a Subsystem into production
operation, then the System (or Subsystem) shall be deemed to have achieved successful Installation
as of the date of the Supplier’s notice or repeated notice, or when BMC put the System into
production operation, as the case may be.
27. Commissioning and Operational Acceptance
a. Commissioning
i. Commissioning of the System (or Subsystem if specified pursuant to the GCC Clause
(Commissioning and Operational Acceptance) shall be commenced by the Supplier:
1. immediately after the Installation Certificate is issued by the Project Manager,
pursuant to GCC Clause (Installation of the System); or
2. as otherwise specified in the Technical Requirement or the Agreed Project Plan; or
3. immediately after Installation is deemed to have occurred, under GCC Clause
(Installation of the System).
ii. BMC shall supply the operating and technical personnel and all materials and information
reasonably required to enable the Supplier to carry out its obligations with respect to
Commissioning.
Production use of the System or Subsystem(s) shall not commence prior to the start of
formal Operational Acceptance Testing.
b. Operational Acceptance Tests
i. The Operational Acceptance Tests (and repeats of such tests) shall be the primary responsibility of
BMC (in accordance with GCC Clause (BMC’s Responsibilities)), but shall be conducted with the full
cooperation of the Supplier during Commissioning of the System (or major components or
Subsystem[s]), to ascertain whether the System (or major component or Subsystem[s]) conforms to the
Technical Requirements and meets the standard of performance quoted in the Supplier’s bid, including,
but not restricted to, the functional and technical performance requirements. The Operational
Acceptance Tests during Commissioning will be conducted as specified in the Technical Requirements
and/or the Agreed Project Plan.
At BMC’s discretion, Operational Acceptance Tests may also be performed on replacement Goods,
upgrades and new version releases, and Goods that are added or field-modified after Operational
Acceptance of the System.
ii. If for reasons attributable to BMC, the Operational Acceptance Test of the System (or Subsystem[s] or
major components, pursuant to the GCC Clause (Commissioning and Operational Acceptance))
cannot be successfully completed within ninety (90) days from the date of Installation or any other
period agreed upon in writing by BMC and the Supplier, the Supplier shall be deemed to have fulfilled
its obligations with respect to the technical and functional aspects of the Technical Specifications,
and/or the Agreed Project Plan, and relevant GCC Clauses (Operational Acceptance Time Guarantee)
shall not apply.
c. Operational Acceptance
ii. The issuance of Operational Acceptance Certificates for individual major components or Subsystems
pursuant to GCC Clause (Commissioning and Operational Acceptance) shall not relieve the Supplier of
its obligation to obtain an Operational Acceptance Certificate for the System as an integrated whole (if so
specified in the GCC Clauses (Terms of Payment) and (Commissioning and Operational Acceptance))
once all major components and Subsystems have been supplied, installed, tested, and commissioned.
iii. In the case of minor components for the System that by their nature do not require Commissioning or
an Operational Acceptance Test (e.g., minor fittings, furnishings or site works, etc.), the Project
Manager shall issue an Operational Acceptance Certificate within fourteen (14) days after the fittings
and/or furnishings have been delivered and/or installed or the site works have been completed. The
Supplier shall, however, use all reasonable endeavors to promptly remedy any defects or deficiencies
in such minor components detected by BMC or Supplier.
components from fulfilling the Technical Requirements or that limit in a material fashion the
performance, reliability, or extensibility of the System and/or Subsystems. There will be NO
exceptions and/or limitations to this warranty with respect to Software (or categories of Software).
Commercial warranty provisions of products supplied under the Contract shall apply to the extent
that they do not conflict with the provisions of this Contract.
b. The Supplier also warrants that the Information Technologies, Materials, and other Goods supplied
under the Contract are new, unused, and incorporate all recent improvements in design that
materially affect the System’s or Subsystem’s ability to fulfill the Technical Requirements.
c. The Supplier warrants that: (i) all Goods components to be incorporated into the System form part of
the Supplier’s and/or Subcontractor’s current product lines, and (ii) they have been previously
released to the market.
d. The Warranty Period shall commence from the date of Operational Acceptance of the System (or of
any major component or Subsystem for which separate Operational Acceptance is provided for in the
Contract).
e. If during the Warranty Period any defect as described in GCC Clause (Defect Liability) should be
found in the design, engineering, Materials, and workmanship of the Information Technologies and
other Goods supplied or of the Services provided by the Supplier, the Supplier shall promptly, in
consultation and agreement with BMC regarding appropriate remedying of the defects, and at its sole
cost, repair, replace, or otherwise make good (as the Supplier shall, at its discretion, determine) such
defect as well as any damage to the System caused by such defect. Any defective Information
Technologies or other Goods that have been replaced by the Supplier shall remain the property of the
Supplier.
f. The Supplier shall not be responsible for the repair, replacement, or making good of any defect, or of
any damage to the System arising out of or resulting from any of the following causes:
i. improper operation or maintenance of the System by BMC;
ii. normal wear and tear;
iii. use of the System with items not supplied by the Supplier, unless otherwise identified in the
Technical Requirements, or approved by the Supplier; or
iv. modifications made to the System by BMC, or a third party, not approved by the Supplier.
g. The Supplier’s obligations under this GCC Clause (Defect Liability) shall not apply to:
i. any materials that are normally consumed in operation or have a normal life shorter than the
Warranty Period; or
ii. any designs, specifications, or other data designed, supplied, or specified by or on behalf of
BMC or any matters for which the Supplier has disclaimed responsibility, in accordance
with GCC Clause (Design and Engineering).
h. BMC shall give the Supplier a notice promptly following the discovery of such defect, stating the
nature of any such defect together with all available evidence. BMC shall afford all reasonable
opportunity for the Supplier to inspect any such defect. BMC shall afford the Supplier all necessary
access to the System and the site to enable the Supplier to perform its obligations under this GCC
Clause (Defect Liability).
i. The Supplier may, with the consent of BMC, remove from the site any Information Technologies
and other Goods that are defective, if the nature of the defect, and/or any damage to the System
caused by the defect, is such that repairs cannot be expeditiously carried out at the site. If the repair,
replacement, or making good is of such a character that it may affect the efficiency of the System,
BMC may give the Supplier notice requiring that tests of the defective part be made by the Supplier
immediately upon completion of such remedial work, whereupon the Supplier shall carry out such
tests.
If such part fails the tests, the Supplier shall carry out further repair, replacement, or making good (as
the case may be) until that part of the System passes such tests. The tests shall be agreed upon by
BMC and the Supplier.
j. The response times and repair/replacement times for Warranty Defect Repair are specified in the
Technical Requirements. Nevertheless, if the Supplier fails to commence the work necessary to
remedy such defect or any damage to the System caused by such defect within two weeks BMC may,
following notice to the Supplier, proceed to do such work or contract a third party (or parties) to do
such work, and the reasonable costs incurred by BMC in connection with such work shall be paid to
BMC by the Supplier or may be deducted by BMC from any monies due the Supplier or claimed
under the Performance Security.
k. If the System or Subsystem cannot be used by reason of such defect and/or making good of such
defect, the Warranty Period for the System shall be extended by a period equal to the period during
which the System or Subsystem could not be used by BMC because of such defect and/or making
good of such defect.
l. Items substituted for defective parts of the System during the Warranty Period shall be covered by
the Defect Liability Warranty for the remainder of the Warranty Period applicable for the part
replaced or three (3) months, whichever is greater. For reasons of information security, BMC may
choose to retain physical possession of any replaced defective information storage devices.
m. At the request of BMC and without prejudice to any other rights and remedies that BMC may have
against the Supplier under the Contract, the Supplier will offer all possible assistance to BMC to seek
warranty services or remedial action from any subcontracted third-party producers or licensor of
Goods included in the System, including without limitation assignment or transfer in favor of BMC
of the benefit of any warranties given by such producers or licensors to the Supplier.
30. Functional Guarantees
a. The Supplier guarantees that, once the Operational Acceptance Certificate(s) has been issued, the
System represents a complete, integrated solution to BMC’s requirements set forth in the Technical
Requirements and it conforms to all other aspects of the Contract. The Supplier acknowledges that
GCC Clause (Commissioning and Operational Acceptance) regarding Commissioning and
Operational Acceptance governs how technical conformance of the System to the Contract
requirements will be determined.
b. If, for reasons attributable to the Supplier, the System does not conform to the Technical
Requirements or does not conform to all other aspects of the Contract, the Supplier shall at its cost
and expense make such changes, modifications, and/or additions to the System as may be necessary
to conform to the Technical Requirements and meet all functional and performance standards. The
Supplier shall notify BMC upon completion of the necessary changes, modifications, and/or
additions and shall request BMC to repeat the Operational Acceptance Tests until the System
achieves Operational Acceptance.
c. If the System (or Subsystem[s]) fails to achieve Operational Acceptance, BMC may consider
termination of the Contract, pursuant to GCC Clause (Termination), and forfeiture of the Supplier’s
Performance Security in accordance with GCC Clause (Securities) in compensation for the extra
costs and delays likely to result from this failure.
31. Audit, Access and Reporting
a. Purpose
This GCC details the audit, access and reporting rights and obligations of the BMC or its
nominated agency and the Supplier.
b. Audit Notice and Timing
i. As soon as reasonably practicable after the Effective Date, the Parties shall use their best
endeavors to agree to a timetable for routine audits during the Project Implementation Phase
and the Operation and Management Phase. Such timetable during the Implementation Phase,
the BMC or its nominated agency and thereafter during the operation Phase, the BMC or its
nominated agency shall conduct routine audits in accordance with such agreed timetable and
shall not be required to give the Supplier any further notice of carrying out such audits.
ii. The BMC or its nominated agency may conduct non-timetabled audits at it's own discretion
if it reasonably believes that such non-timetabled audits are necessary as a result of an act of
fraud by the Supplier, a security violation, or breach of confidentiality obligations by the
Supplier, provided that the requirement for such an audit is notified in writing to the Supplier
a reasonable period time prior to the audit (taking into account the circumstances giving rise
to the reasonable belief) stating in a reasonable level of detail the reasons for the requirement
and the alleged facts on which the requirement is based.
iii. The frequency of audits shall be a (maximum) half yearly, provided always that the BMC or
its nominated agency shall endeavor to conduct such audits with the lowest levels of
inconvenience and disturbance practicable being caused to the Supplier. Any such audit shall
be conducted by with adequate notice of 2 weeks to the Supplier.
c. Access
i. The Supplier shall provide to the BMC or its nominated agency reasonable access to
employees, subcontractors, suppliers, agents and third-party facilities as detailed in the RFB,
documents, records and systems reasonably required for audit and shall provide all such
persons with routine assistance in connection with the audits and inspections. The Project
Manager of BMC shall have the right to copy and retain copies of any relevant records. The
Supplier shall make every reasonable effort to co-operate with them.
d. Audit Rights
i. The BMC or its nominated agency shall have the right to audit and inspect suppliers, agents
and third party facilities (as detailed in the RFB), data centers, documents, records,
procedures and systems relating to the provision of the services, but only to the extent that
they relate to the provision of the services, as shall be reasonably necessary to verify:
1. The security, integrity and availability of all data processed, held or conveyed by the
Partner on behalf of BMC and documentation related thereto;
2. That the actual level of performance of the services is the same as specified in the
Service Level Agreement (SLA);
3. That the Supplier has complied with the relevant technical standards, and has
adequate internal controls in place; and
4. The compliance of the Supplier with any other obligation under the Contract and
SLA.
5. Security audit and implementation audit of the system shall be done once each year,
the cost of which shall be borne by the Supplier.
6. For the avoidance of doubt the audit rights under this GCC shall not include access
to the Supplier's profit margins or overheads, any confidential information relating
to the Supplier’ employees, or (iii) minutes of its internal Board or Board committee
meetings including internal audit, or (iv) such other information of commercial-in-
confidence nature which are not relevant to the Services associated with any
obligation under the Contract.
e. Audit Rights of Sub-contractors, Suppliers and Agents
i. The Supplier shall use reasonable endeavors to achieve the same audit and access provisions
as defined in this GCC with subcontractors who supply labor, services in respect of the
services. The Supplier shall inform the BMC or its nominated agency prior to concluding
any sub-contract or supply agreement of any failure to achieve the same rights of audit or
access.
ii. REPORTING: The Supplier will provide quarterly reports to the Project Manager of BMC,
regarding any specific aspects of the Project and in context of the audit and access
information as required by the BMC or its nominated agency.
f. Action & Review
i. Any change or amendment to the systems and procedures of the Supplier, or sub-
contractors, where applicable arising from the audit report shall be agreed within twenty-
eight (28) calendar days from the submission of the said report.
ii. Any discrepancies identified by any audit pursuant to this GCC shall be immediately notified
to the BMC or its nominated agency and the Supplier Project Manager who shall determine
what action should be taken in respect of such discrepancies in accordance with the terms of
the Contract.
g. Terms of Payment
i. The BMC shall bear the cost of any audits and inspections. The terms of payment are
exclusive of any costs of the Supplier and the sub-contractor, for all reasonable assistance
and information provided under the Contract, the Project Implementation, Operation and
Management SLA by the Supplier pursuant to this GCC.
h. Records and Information
i. For the purposes of audit in accordance with this GCC, the Supplier shall maintain true and
accurate records in connection with the provision of the services and the Supplier shall
handover all the relevant records and documents upon the termination or expiry of the
Contract.
32. Intellectual Property Rights Warranty
a. The Supplier hereby represents and warrants that:
iii. results from the alteration of the System, including the Materials, by BMC or any persons
other than the Supplier or a person authorized by the Supplier.
d. If any proceedings are brought or any claim is made against BMC arising out of the matters referred
to in GCC Clause (Intellectual Property Rights Indemnity), BMC shall promptly give the Supplier
notice of such proceedings or claims, and the Supplier may at its own expense and in BMC’s name
conduct such proceedings or claim and any negotiations for the settlement of any such proceedings
or claim.
If the Supplier fails to notify BMC within twenty-eight (28) days after receipt of such notice that it
intends to conduct any such proceedings or claim, then BMC shall be free to conduct the same on its
own behalf. Unless the Supplier has so failed to notify BMC within the twenty- eight (28) days,
BMC shall make no admission that may be prejudicial to the defense of any such proceedings or
claim. BMC shall, at the Supplier’s request, afford all available assistance to the Supplier in
conducting such proceedings or claim and shall be reimbursed by the Supplier for all reasonable
expenses incurred in so doing.
e. BMC shall indemnify and hold harmless the Supplier and its employees, officers, and Subcontractors
from and against any and all losses, liabilities, and costs (including losses, liabilities, and costs
incurred in defending a claim alleging such a liability) that the Supplier or its employees, officers, or
Subcontractors may suffer as a result of any infringement or alleged infringement of any Intellectual
Property Rights arising out of or in connection with any design, data, drawing, specification, or other
documents or materials provided to the Supplier in connection with this Contract by BMC or any
persons (other than the Supplier) contracted by BMC, except to the extent that such losses, liabilities,
and costs arise as a result of the Supplier’s breach of GCC Clause (Intellectual Property Rights
Indemnity).
f. Such indemnity shall not cover
i. any use of the design, data, drawing, specification, or other documents or materials, other
than for the purpose indicated by or to be reasonably inferred from the Contract;
ii. any infringement resulting from the use of the design, data, drawing, specification, or other
documents or materials, or any products produced thereby, in association or combination
with any other Goods or Services not provided by BMC or any other person contracted by
BMC, where the infringement arises because of such association or combination and not
because of the use of the design, data, drawing, specification, or other documents or
materials in its own right.
g. Such indemnities shall also not apply:
i. if any claim of infringement is asserted by a parent, subsidiary, or affiliate of the Supplier’s
organization;
ii. to the extent that any claim of infringement is caused by the alteration, by the Supplier, or
any persons contracted by the Supplier, of the design, data, drawing, specification, or other
documents or materials provided to the Supplier by BMC or any persons contracted by
BMC.
h. If any proceedings are brought or any claim is made against the Supplier arising out of the matters
referred to in GCC Clause (Intellectual Property Rights Indemnity), the Supplier shall promptly give
BMC notice of such proceedings or claims, and BMC may at its own expense and in the Supplier’s
name conduct such proceedings or claim and any negotiations for the settlement of any such
proceedings or claim. If BMC fails to notify the Supplier within twenty- eight (28) days after receipt
of such notice that it intends to conduct any such proceedings or claim, then the Supplier shall be
free to conduct the same on its own behalf. Unless BMC
has so failed to notify the Supplier within the twenty-eight (28) days, the Supplier shall make no
admission that may be prejudicial to the defense of any such proceedings or claim. The Supplier
shall, at BMC’s request, afford all available assistance to BMC in conducting such proceedings or
claim and shall be reimbursed by BMC for all reasonable expenses incurred in so doing.
34. Limitation of Liability
a. Provided the following does not exclude or limit any liabilities of either party in ways not permitted
by applicable law:
i. the Supplier shall not be liable to BMC, whether in contract, tort, or otherwise, for any
indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or
interest costs, provided that this exclusion shall not apply to any obligation of the Supplier to
pay liquidated damages to BMC; and
ii. the aggregate liability of the Supplier to BMC, whether under the Contract, in tort or
otherwise, shall not exceed the total Contract Price, provided that this limitation shall not
apply to any obligation of the Supplier to indemnify BMC with respect to intellectual
property rights infringement.
iii. any use of or reliance upon any design, data, or specification provided or designated by or on
behalf of BMC, or any such matter for which the Supplier has disclaimed responsibility in
accordance with GCC Clause (Design and Engineering),
BMC shall pay to the Supplier all sums payable in respect of the System or Subsystems that
have achieved Operational Acceptance, notwithstanding that the same be lost, destroyed, or
damaged. If BMC requests the Supplier in writing to make good any loss or damage to the
System thereby occasioned, the Supplier shall make good the same at the cost of BMC in
accordance with GCC Clause (Changes to the System). If BMC does not request the
Supplier in writing to make good any loss or damage to the System thereby occasioned,
BMC shall either request a change in accordance with GCC Clause (Changes to the System),
excluding the performance of that part of the System thereby lost, destroyed, or damaged, or,
where the loss or damage affects a substantial part of the System, BMC shall terminate the
Contract pursuant to GCC Clause (Termination).
c. BMC shall be liable for any loss of or damage to any Supplier’s Equipment which BMC has
authorized to locate within BMC's premises for use in fulfillment of Supplier's obligations under the
Contract, except where such loss or damage arises from acts or omissions of the Supplier, its
employees, or subcontractors.
costs incurred in defending a claim alleging such a liability) that the Supplier or its employees,
officers, or Subcontractors may suffer as a result of the death or personal injury of any person or loss
of or damage to property of BMC, other than the System not yet achieving Operational Acceptance,
that is caused by fire, explosion, or any other perils, in excess of the amount recoverable from
insurances procured under GCC Clause (Insurances), provided that such fire, explosion, or other
perils were not caused by any act or failure of the Supplier.
e. If any proceedings are brought or any claim is made against the Supplier that might subject BMC to
liability under GCC Clause (Loss of or Damage to Property; Accident or Injury or Workers;
Indemnification), the Supplier shall promptly give BMC notice of such proceedings or claims, and
BMC may at its own expense and in the Supplier’s name conduct such proceedings or claim and any
negotiations for the settlement of any such proceedings or claim. If BMC fails to notify the Supplier
within twenty-eight (28) days after receipt of such notice that it intends to conduct any such
proceedings or claim, then the Supplier shall be free to conduct the same on its own behalf. Unless
BMC has so failed to notify the Supplier within the twenty-eight (28) days, the Supplier shall make
no admission that may be prejudicial to the defense of any such proceedings or claim. The Supplier
shall, at BMC’s request, afford all available assistance to BMC in conducting such proceedings or
claim and shall be reimbursed by BMC for all reasonable expenses incurred in so doing.
f. The party entitled to the benefit of an indemnity under this GCC Clause (Loss of or Damage to
Property; Accident or Injury of Workers; Indemnification) shall take all reasonable measures to
mitigate any loss or damage that has occurred. If the party fails to take such measures, the other
party’s liabilities shall be correspondingly reduced.
38. Insurances
a. The Supplier shall at its expense take out and maintain in effect, or cause to be taken out and
maintained in effect, during the performance of the Contract, the insurance set forth below. The
identity of the insurers and the form of the policies shall be subject to the approval of BMC, who
should not unreasonably withhold such approval.
i. Cargo Insurance During Transport
as applicable, 110 percent of the price of the Information Technologies and other Goods in a
freely convertible currency, covering the Goods from physical loss or damage during
shipment through receipt at the Project Site.
ii. Installation “All Risks” Insurance
as applicable, 110 percent of the price of the Information Technologies and other Goods
covering the Goods at the site from all risks of physical loss or damage (excluding only
perils commonly excluded under “all risks” insurance policies of this type by reputable
insurers) occurring prior to Operational Acceptance of the System.
iii. Third-Party Liability Insurance
The Supplier shall obtain Third-Party Liability Insurance in the amount equal to 110 percent
of the price of the Information Technologies, and other Goods, covering bodily injury or
death suffered by third parties (including BMC’s personnel) and loss of or damage to
property (including BMC’s property and any Subsystems that have been accepted by BMC)
occurring in connection with the supply and installation of the Information System. The
Insurance shall cover the period from the Effective Date of the Contract till date of
Operational Acceptance.
iv. Automobile Liability Insurance
In accordance with the statutory requirements prevailing in India, covering use of all vehicles
used by the Supplier or its Subcontractors (whether or not owned by them) in connection
with the execution of the Contract.
b. BMC shall be named as co-insured under all insurance policies taken out by the Supplier pursuant to
GCC Clause (Insurances), except for the Third-Party Liability, and the Supplier’s Subcontractors
shall be named as co-insured under all insurance policies taken out by the Supplier pursuant to GCC
Clause (Insurances) except for Cargo Insurance During Transport. All insurer’s rights of subrogation
against such co-insured for losses or claims arising out of the performance of the Contract shall be
waived under such policies.
c. The Supplier shall deliver to BMC certificates of insurance (or copies of the insurance policies) as
evidence that the required policies are in full force and effect.
d. The Supplier shall ensure that, where applicable, its Subcontractor(s) shall take out and maintain in
effect adequate insurance policies for their personnel and vehicles and for work executed by them
under the Contract, unless such Subcontractors are covered by the policies taken out by the Supplier.
e. If the Supplier fails to take out and/or maintain in effect the insurance referred to in GCC Clause
(Insurances), BMC may take out and maintain in effect any such insurance and may from time to
time deduct from any amount due the Supplier under the Contract any premium that BMC shall have
paid to the insurer or may otherwise recover such amount as a debt due from the Supplier.
f. Unless otherwise provided in the Contract, the Supplier shall prepare and conduct all and any claims
made under the policies affected by it pursuant to this GCC Clause (Insurances), and all monies
payable by any insurers shall be paid to the Supplier. BMC shall give to the Supplier all such
reasonable assistance as may be required by the Supplier in connection with any claim under the
relevant insurance policies. With respect to insurance claims in which BMC’s interest is involved,
the Supplier shall not give any release or make any compromise with the insurer without the prior
written consent of BMC. With respect to insurance claims in which the Supplier’s interest is
involved, BMC shall not give any release or make any compromise with the insurer without the prior
written consent of the Supplier.
39. Force Majeure
a. “Force Majeure” shall mean any event beyond the reasonable control of BMC or of the Supplier, as
the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected
and shall include, without limitation, the following:
i. war, hostilities, or warlike operations (whether a state of war be declared or not), invasion,
act of foreign enemy, and civil war;
ii. rebellion, revolution, insurrection, mutiny, usurpation of civil or military government,
conspiracy, riot, civil commotion, and terrorist acts;
iii. confiscation, nationalization, mobilization, commandeering or requisition by or under the
order of any government or de jure or de facto authority or ruler, or any other act or failure
to act of any local state or national government authority;
iv. “strike, sabotage, lockout, embargo, import restriction, port congestion, lack of usual means
of public transportation and communication, industrial dispute, shipwreck, shortage or
restriction of power supply, epidemics, quarantine, and plague;
v. earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or
cyclone, hurricane, storm, lightning, or other inclement weather condition, nuclear and
pressure waves, or other natural or physical disaster;
vi. failure, by the Supplier, to obtain the necessary export permit(s) from the governments of the
Country(s) of Origin of the Information Technologies or other Goods, or Supplier’s
Equipment provided that the Supplier has made all reasonable efforts to obtain the required
export permit(s), including the exercise of due diligence in determining the eligibility of the
System and all of its components for receipt of the necessary export permits.
b. If either party is prevented, hindered, or delayed from or in performing any of its obligations under
the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence
of such event and the circumstances of the event of Force Majeure within fourteen (14) days after the
occurrence of such event.
c. The party who has given such notice shall be excused from the performance or punctual performance
of its obligations under the Contract for so long as the relevant event of Force Majeure continues and
to the extent that such party’s performance is prevented, hindered, or delayed. The Time for
Achieving Operational Acceptance shall be extended in accordance with GCC Clause (Extension of
Time for Achieving Operational Acceptance).
d. The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate
the effect of the event of Force Majeure upon its or their performance of the Contract and to fulfill its
or their obligations under the Contract, but without prejudice to either party’s right to terminate the
Contract under GCC Clause (Force Majeure).
e. No delay or nonperformance by either party to this Contract caused by the occurrence of any event
of Force Majeure shall:
i. constitute a default or breach of the Contract;
ii. (subject to relevant GCC Clauses (Care of the System), (Force Majeure) give rise to any
claim for damages or additional cost or expense occasioned by the delay or nonperformance
if, and to the extent that, such delay or nonperformance is caused by the occurrence of an
event of Force Majeure.
f. If the performance of the Contract is substantially prevented, hindered, or delayed for a single period
of more than sixty (60) days or an aggregate period of more than one hundred and twenty (120) days
on account of one or more events of Force Majeure during the time period covered by the Contract,
the parties will attempt to develop a mutually satisfactory solution, failing which, either party may
terminate the Contract by giving a notice to the other.
g. In the event of termination pursuant to GCC Clause (Force Majeure), the rights and obligations of
BMC and the Supplier shall be as specified in relevant GCC Clauses of (Termination).
h. Notwithstanding GCC Clause (Force Majeure), Force Majeure shall not apply to any
obligation of BMC to make payments to the Supplier under this Contract.
40. Risk Purchase Clause
In the event the Supplier fails to execute the project as stipulated in the Contract, or as per the directions given by BMC from
time to time, BMC reserves the right to procure similar services from the next eligible Bidder or from alternate sources at the
cost of the Supplier. Before taking such a decision, BMC shall serve a notice period of one month to the Supplier. The 30 day
notice period shall be considered as the ‘Cure Period’ to facilitate the Supplier to cure the breach.
The provision for Risk Purchase shall be evoked in the event the Supplier fails to correct the breach within the ‘Cure Period’.
Further, the Supplier liability to pay shall be set as 25% of the value of the undelivered services.
ii. Upon receipt of the Supplier’s Change Estimate Proposal, BMC shall do one of the
following:
1. accept the Supplier’s estimate with instructions to the Supplier to proceed with the
preparation of the Change Proposal;
2. advise the Supplier of any part of its Change Estimate Proposal that is
unacceptable and request the Supplier to review its estimate;
3. advise the Supplier that BMC does not intend to proceed with the Change.
iii. Upon receipt of BMC’s instruction to proceed under relevant GCC Clause (Changes to the
System), the Supplier shall, with proper expedition, proceed with the preparation of the
Change Proposal, in accordance with GCC Clause (Changes to the System). The Supplier, at
its discretion, may specify a validity period for the Change Proposal, after which if BMC and
Supplier has not reached agreement in accordance with GCC Clause (Changes to the
System), then BMC shall not intend to proceed with the Change.
iv. The pricing of any Change shall, as far as practicable, be calculated in accordance with the
rates and prices included in the Contract. If the nature of the Change is such that the
Contract rates and prices are inequitable, the parties to the Contract shall agree on other
specific rates to be used for valuing the Change.
v. If before or during the preparation of the Change Proposal it becomes apparent that the
aggregate impact of compliance with the Request for Change Proposal and with all other
Change Orders that have already become binding upon the Supplier under this GCC Clause
(Changes to the System) would be to increase or decrease the Contract Price as originally set
forth in Article 2 (Contract Price) of the Contract Agreement by more than fifteen (15)
percent, the Supplier may give a written notice of objection to this Request for Change
Proposal prior to furnishing the Change Proposal. If BMC accepts the Supplier’s objection,
BMC shall withdraw the proposed Change and shall notify the Supplier in writing of its
acceptance.
The Supplier’s failure to so object to a Request for Change Proposal shall neither affect its
right to object to any subsequent requested Changes or Change Orders, nor affect its right to
take into account, when making such subsequent objection, the percentage increase or
decrease in the Contract Price that any Change not objected to by the Supplier represents.
vi. Upon receipt of the Change Proposal, BMC and the Supplier shall mutually agree upon all
matters contained in the Change Proposal. Within fourteen (14) days after such agreement,
BMC shall, if it intends to proceed with the Change, issue the Supplier a Change Order. If
BMC is unable to reach a decision within fourteen (14) days, it shall notify the Supplier with
details of when the Supplier can expect a decision. If BMC decides not to proceed with the
Change for whatever reason, it shall, within the said period of fourteen (14) days, notify the
Supplier accordingly.
vii. If BMC and the Supplier cannot reach agreement on the price for the Change, an equitable
adjustment to the Time for Achieving Operational Acceptance, or any other matters
identified in the Change Proposal, the Change will not be implemented. However, this
provision does not limit the rights of either party under GCC Clause (Settlement of
Disputes).
c. Changes Originating from Supplier
If the Supplier proposes a Change pursuant to relevant GCC Clause (Changes to the
System), the Supplier shall submit to the Project Manager a written “Application for
Change Proposal,” giving reasons for the proposed Change and including the information
specified in the relevant GCC Clause (Changes to the System)1. Upon receipt of the
Application for Change Proposal, the parties shall follow the procedures outlined in relevant
GCC Clauses (Changes to the System).
42. Extension of Time for Achieving Operational Acceptance
a. The time(s) for achieving Operational Acceptance specified in the Schedule of Implementation shall
be extended if the Supplier is delayed or impeded in the performance of any of its obligations under
the Contract by reason of any of the following:
i. any Change in the System as provided in GCC Clause (Change in the Information System);
ii. any occurrence of Force Majeure as provided in GCC Clause (Force Majeure);
iii. default of BMC; or
iv. any other matter specifically mentioned in the Contract;
by such period as shall be fair and reasonable in all the circumstances and as shall fairly reflect the
delay or impediment sustained by the Supplier.
b. Except where otherwise specifically provided in the Contract, the Supplier shall submit to the Project
Manager a notice of a claim for an extension of the time for achieving Operational Acceptance,
together with particulars of the event or circumstance justifying such extension as soon as reasonably
practicable after the commencement of such event or circumstance. As soon as reasonably
practicable after receipt of such notice and supporting particulars of the claim, BMC and the Supplier
shall agree upon the period of such extension. In the event that the Supplier does not accept BMC’s
estimate of a fair and reasonable time extension, the Supplier shall be entitled to refer the matter to
the provisions for the Settlement of Disputes pursuant to GCC Clause (Fraud and Corruption).
c. The Supplier shall at all times use its reasonable efforts to minimize any delay in the performance of
its obligations under the Contract.
43. Termination
a. Termination for BMC's Convenience
i. BMC may at any time terminate the Contract for any reason by giving the Supplier a notice
of termination that refers to this GCC Clause (Termination).
ii. Upon receipt of the notice of termination under this GCC Clause (Termination), the Supplier
shall either as soon as reasonably practical or upon the date specified in the notice of
termination
1. cease all further work, except for such work as BMC may specify in the notice of
termination for the sole purpose of protecting that part of the System already
executed, or any work required to leave the site in a clean and safe condition;
2. terminate all subcontracts, except those to be assigned to BMC pursuant to this GCC
Clause (Termination) (ii) below;
3. remove all Supplier’s Equipment from the site, repatriate the Supplier’s and its
Subcontractors’ personnel from the site, remove from the site any wreckage,
rubbish, and debris of any kind;
4. in addition, the Supplier, subject to the payment specified in this GCC Clause
(Termination), shall
a. deliver to BMC the parts of the System executed by the Supplier up to the
date of termination;
b. to the extent legally possible, assign to BMC all right, title, and benefit of
the Supplier to the System, or Subsystem, as at the date of termination, and,
as may be required by BMC, in any subcontracts concluded between the
Supplier and its Subcontractors;
c. deliver to BMC all nonproprietary drawings, specifications, and other
documents prepared by the Supplier or its Subcontractors as of the date of
termination in connection with the System.
iii. In the event of termination of the Contract under this GCC Clause (Termination), BMC shall
pay to the Supplier the following amounts:
1. the Contract Price, properly attributable to the parts of the System executed by the
Supplier as of the date of termination;
b. Termination for Supplier’s Default
i. BMC, without prejudice to any other rights or remedies it may possess, may terminate the
Contract forthwith in the following circumstances by giving a notice of termination and its
reasons therefore to the Supplier, referring to this GCC Clause (Termination):
1. if the Supplier becomes bankrupt or insolvent, has a receiving order issued against it,
compounds with its creditors, or, if the Supplier is a corporation, a resolution is
passed or order is made for its winding up (other than a voluntary liquidation for the
purposes of amalgamation or reconstruction), a receiver is appointed over any part
of its undertaking or assets, or if the Supplier takes or suffers any other analogous
action in consequence of debt;
2. if the Supplier assigns or transfers the Contract or any right or interest therein in
violation of the provision of GCC Clause (Assignment); or
ii. If the Supplier:
1. has abandoned or repudiated the Contract;
2. has without valid reason failed to commence work on the System promptly;
3. persistently fails to execute the Contract in accordance with the provisions of the
Contract or persistently neglects to carry out its obligations under the Contract
without just cause;
4. refuses or is unable to provide sufficient Materials, Services, or labor to execute and
complete the System in the manner specified in the Agreed Project Plan furnished
under GCC Clause (Project Plan) at rates of progress that give reasonable assurance
to BMC that the Supplier can attain Operational Acceptance of the System by the
Time for Achieving Operational Acceptance as extended;
then BMC may, without prejudice to any other rights it may possess under the
Contract, give a notice to the Supplier stating the nature of the default and requiring
the Supplier to remedy the same. If the Supplier fails to remedy or to take steps to
remedy the same within fourteen (14) days of its receipt of
such notice, then BMC may terminate the Contract forthwith by giving a notice of
termination to the Supplier that refers to this GCC Clause (Termination).
iii. Upon receipt of the notice of termination under GCC Clauses (Termination), the Supplier
shall, either immediately or upon such date as is specified in the notice of termination:
1. cease all further work, except for such work as BMC may specify in the notice of
termination for the sole purpose of protecting that part of the System already
executed or any work required to leave the site in a clean and safe condition;
2. terminate all subcontracts, except those to be assigned to BMC pursuant to GCC
Clause (Termination) below;
3. deliver to BMC the parts of the System executed by the Supplier up to the date of
termination;
4. to the extent legally possible, assign to BMC all right, title and benefit of the
Supplier to the System or Subsystems as at the date of termination, and, as may be
required by BMC, in any subcontracts concluded between the Supplier and its
Subcontractors;
5. deliver to BMC all drawings, specifications, and other documents prepared by the
Supplier or its Subcontractors as at the date of termination in connection with the
System.
iv. BMC may enter upon the site, expel the Supplier, and complete the System itself or by
employing any third party. Upon completion of the System or at such earlier date as BMC
thinks appropriate, BMC shall give notice to the Supplier that such Supplier’s Equipment
will be returned to the Supplier at or near the site and shall return such Supplier’s Equipment
to the Supplier in accordance with such notice. The Supplier shall thereafter without delay
and at its cost remove or arrange removal of the same from the site.
v. Subject to GCC Clause (Termination), the Supplier shall be entitled to be paid the Contract
Price attributable to the portion of the System executed as at the date of termination and the
costs, if any, incurred in protecting the System and in leaving the site in a clean and safe
condition pursuant to GCC Clause (Termination). Any sums due BMC from the Supplier
accruing prior to the date of termination shall be deducted from the amount to be paid to the
Supplier under this Contract.
vi. If BMC completes the System, the cost of completing the System by BMC shall be
determined. If the sum that the Supplier is entitled to be paid, pursuant to GCC Clause
(Termination), plus the reasonable costs incurred by BMC in completing the System,
exceeds the Contract Price, the Supplier shall be liable for such excess. If such excess is
greater than the sums due the Supplier under GCC Clause (Termination), the Supplier shall
pay the balance to BMC, and if such excess is less than the sums due the Supplier under
GCC Clause (Termination), BMC shall pay the balance to the Supplier. BMC and the
Supplier shall agree, in writing, on the computation described above and the manner in
which any sums shall be paid.
c. In this GCC Clause (Termination), the expression “portion of the System executed” shall include all
work executed, Services provided, and all Information Technologies, or other Goods acquired (or
subject to a legally binding obligation to purchase) by the Supplier and used or intended to be used
for the purpose of the System, up to and including the date of termination.
d. In this GCC Clause (Termination), in calculating any monies due from BMC to the Supplier, account
shall be taken of any sum previously paid by BMC to the Supplier under the Contract, including any
advance payment paid.
44. Exit Management
a. Purpose
i. This GCC sets out the provisions, which will apply on expiry or termination of the Contract,
the Project Implementation, Operation and Management Service Level Agreement (SLA).
ii. In the case of termination of the Project Implementation and/or Operation and Management,
the Parties shall agree at that time whether, and if so during what period, the provisions of
this GCC shall apply.
iii. The Parties shall ensure that their respective associated entities carry out their respective
obligations set out in this GCC (Exit Management).
b. Transfer of Assets
i. BMC shall be entitled to serve notice in writing on the Supplier at any time during the exit
management period as detailed hereinabove requiring the Supplier and/or its sub- contractors
to provide the BMC with a complete and up to date list of the Assets within 30 days of such
notice. BMC shall then be entitled to serve notice in writing on the Supplier at any time prior
to a date that is 30 days prior to the end of the exit management period requiring the Supplier
to sell the Assets (if any), to be transferred to BMC or its nominated agencies at book value
as determined as of the date of such notice in accordance with the provisions of relevant
laws.
ii. In case of contract being terminated by BMC, BMC reserves the right to ask Supplier to
continue running the project operations for a period of 6 months after termination orders are
issued.
iii. Upon service of a notice under this GCC, the following provisions shall apply:
1. in the event, if the Assets to be transferred are mortgaged to any financial
institutions by the Supplier, the Supplier shall ensure that all such liens and
liabilities have been cleared beyond doubt, prior to such transfer. All documents
regarding the discharge of such lien and liabilities shall be furnished to the BMC.
2. All risk in and title to the Assets to be transferred / to be purchased by the BMC
pursuant to this GCC shall be transferred to BMC, on the last day of the exit
management period.
3. BMC shall pay to the Supplier on the last day of the exit management period such
sum representing the Net Block (procurement price less depreciation as per
provisions of Companies Act) of the Assets to be transferred as stated in the Terms
of Payment Schedule, if any.
4. Payment to the outgoing Supplier shall be made to the tune of the last set of
completed services / deliverables, subject to SLA requirements.
5. The outgoing Supplier will pass on to BMC and/or to the Replacement Supplier, the
subsisting rights in any leased properties/ licensed products on terms not less
favorable to BMC/ Replacement Supplier, than that enjoyed by the outgoing
Supplier.
c. Cooperation and Provision of Information
Replacement Supplier in relation to any equipment lease, maintenance or service provision agreement between
Supplier and third party lessors, vendors, and which are related to the services and reasonably necessary for the
carrying out of replacement services by the BMC or its nominated agency or its Replacement Supplier.
g. Rights of Access to Premises
i. At any time during the exit management period, where Assets are located at the Supplier's premises,
the Supplier will be obliged to give reasonable rights of access to (or, in the case of Assets located on
a third party's premises, procure reasonable rights of access to) the BMC or its nominated agency
and/or any Replacement Supplier in order to make an inventory of the Assets.
ii. The Supplier shall also give the BMC or its nominated agency or its nominated agencies, or any
Replacement Supplier right of reasonable access to the Implementation Partner's premises and shall
procure the BMC or its nominated agency or its nominated agencies and any Replacement Supplier
rights of access to relevant third party premises during the exit management period and for such
period of time following termination or expiry of the CONTRACT as is reasonably necessary to
migrate the services to the BMC or its nominated agency, or a Replacement Supplier.
h. General Obligations of the Supplier
i. The Supplier shall provide all such information as may reasonably be necessary to effect as seamless a
handover as practicable in the circumstances to the BMC or its nominated agency or its Replacement
Supplier and which the Supplier has in its possession or control at any time during the exit
management period.
ii. For the purposes of this GCC, anything in the possession or control of any Supplier, associated entity,
or sub-contractor is deemed to be in the possession or control of the Supplier.
iii. The Supplier shall commit adequate resources to comply with its obligations under this Exit
Management GCC.
i. Exit Management Plan
i. The Supplier shall provide the BMC or its nominated agency with a recommended exit management
plan ("Exit Management Plan") which shall deal with at least the following aspects of exit
management in relation to the CONTRACT as a whole and in relation to the Project Implementation,
and the Operation and Management SLA.
1. A detailed program of the transfer process that could be used in conjunction with a
Replacement Supplier including details of the means to be used to ensure continuing
provision of the services throughout the transfer process or until the cessation of the services
and of the management structure to be used during the transfer;
2. plans for the communication with such of the Supplier's sub contractors, staff, suppliers,
customers and any related third party as are necessary to avoid any material detrimental
impact on the BMC’s operations as a result of undertaking the transfer;
3. (if applicable) proposed arrangements for the segregation of the Supplier's networks from the
networks employed by BMC and identification of specific security tasks necessary at
termination;
4. Plans for provision of contingent support to BMC, and Replacement Supplier for a
reasonable period after transfer.
ii. The Supplier shall re-draft the Exit Management Plan annually thereafter to ensure that it is kept
relevant and up to date.
iii. Each Exit Management Plan shall be presented by the Supplier to and approved by the BMC or its
nominated agencies.
iv. The terms of payment as stated in the Terms of Payment Schedule include the costs of the Supplier
complying with its obligations under this GCC.
v. In the event of termination or expiry of CONTRACT, and Project Implementation, each Party shall
comply with the Exit Management Plan.
vi. During the exit management period, the Supplier shall use its best efforts to deliver the services
vii. Payments during the Exit Management period shall be made in accordance with the Terms of
Payment Schedule.
viii. This Exit Management plan shall be furnished in writing to the BMC or its nominated agencies within
90 days from the Effective Date of this Contract.
45. Assignment
a. Neither BMC nor the Supplier shall, without the express prior written consent of the other, assign to
any third party the Contract or any part thereof, or any right, benefit, obligation, or interest therein or
thereunder, except that the Supplier shall be entitled to assign either absolutely or by way of charge
any monies due and payable to it or that may become due and payable to it under the Contract.
46. Settlement of Disputes
a. Adjudication
i. If any dispute of any kind whatsoever shall arise between BMC and the Supplier in
connection with or arising out of the Contract, including without prejudice to the generality
of the foregoing, any question regarding its existence, validity, or termination, or the
operation of the System (whether during the progress of implementation or after its
achieving Operational Acceptance and whether before or after the termination,
abandonment, or breach of the Contract), the parties shall seek to resolve any such dispute
by mutual consultation. If the parties fail to resolve such a dispute by mutual consultation
within fourteen (14) days after one party has notified the other in writing of the dispute, then,
if the Contract Agreement in Appendix 2 includes and names an Adjudicator, the dispute
shall, within another fourteen (14) days, be referred in writing by either party to the
Adjudicator, with a copy to the other party. If there is no Adjudicator specified in the
Contract Agreement, the mutual consultation period stated above shall last twenty-eight (28)
days (instead of fourteen), upon expiry of which either party may move to the notification of
arbitration pursuant to this GCC Clause (Settlement of Disputes).
ii. The Adjudicator shall give his or her decision in writing to both parties within twenty- eight
(28) days of the dispute being referred to the Adjudicator. If the Adjudicator has done so,
and no notice of intention to commence arbitration has been given by either BMC or the
Supplier within fifty-six (56) days of such reference, the decision shall become final and
binding upon BMC and the Supplier. Any decision that has become final and binding shall
be implemented by the parties forthwith.
b. Arbitration
i. If
1. BMC or the Supplier is dissatisfied with the Adjudicator’s decision and acts before
this decision has become final and binding pursuant to GCC Clause (Settlement of
Disputes), or
2. the Adjudicator fails to give a decision within the allotted time from referral of the
dispute pursuant to GCC Clause (Settlement of Disputes), and BMC or the Supplier
acts within the following fourteen (14) days, or
3. in the absence of an Adjudicator from the Contract Agreement, the mutual
consultation pursuant to GCC Clause (Settlement of Disputes) expires without
resolution of the dispute and BMC or the Supplier acts within the following fourteen
(14) days,
then either BMC or the Supplier may act to give notice to the other party, with a
copy for information to the Adjudicator in case an Adjudicator had been involved, of
its intention to commence arbitration, as provided below, as to the matter in dispute,
and no arbitration in respect of this matter may be commenced unless such notice is
given.
ii. Any dispute in respect of which a notice of intention to commence arbitration has been
given, in accordance with GCC Clause (Settlement of Disputes), shall be finally settled by
arbitration. Arbitration may be commenced prior to or after Installation of the Information
System.
iii. Arbitration proceedings shall be conducted in accordance with the provisions of the
Arbitration Act, 1996.
c. Notwithstanding any reference to the Adjudicator or arbitration in this clause,
i. the parties shall continue to perform their respective obligations under the Contract unless
they otherwise agree;
ii. BMC shall pay the Supplier any monies due the Supplier.