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2. RFP N0. CEG/20 /SEMT /2014, Dtaed.13.01.2015 and

Corrigendum

Dated.1B.02.2 015.

s.

L0[ issued to M/s Nisaki Technology Services dated.16.05.2015.

+. q-erded deo@ ee{oJ doald: R,qes/2Oloil6.e.")o.r,e/2o14.

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:r.:!.1-:,

- - -'^'^ "^'lr*

DFM tARl and

e Govcrrkrrtce See'etariat'

*:#ff]
tT
i'"l:i{?$::.,:*-;l'-":lr"Tl;'s1
":::::xi:;'":inlt;e"o**"*o""'l*
[[":ll'J:ff
:[iii'{;ri:111'*J:::'&ffi

tlv
so.ictv estabrished

-";r$:l::ffon*';0

"t"

,n""", ol3"-i}?X"oo'
No. CEGl2OlSElrA-Fl2O14

Da{e:16.05 2O15

Lefter of lsttsBt

r:;r;i:;"J:sPr#lis"**
Wilson Garden'
Bengalwu' 560O27
Karnataka
Dear Sir,

Servers,

r*o

"*, ffi

party

#:

pre/post-sh:T:-::':::*l,I *T-ffii" " "

:;;;"p" M1*'-'nUPS
i;ol'ff
lll J?lH "*asrructure
and Pe'Pnerz
c'orins'

;:Hffi;'ffioiL

Be!

ill-];"n"f$*::.'""-,"
xJfJl;,il,1'f
:ff
:::i'J:,:f
'?io"u'''ns'lv
?:ilHJ,"$*iit#*'"*tll;tll5;Ti;'&ff
20/O312015)

i.
$.

iii.
iv.

mentioned as

vi-

IH:'J#

:::J::T':::

'.

T :.

T,:[

,:1i,"#: il;:"T

1',?

*',*',',

0''

j::::::x,i5""-:.Y:t;;:;r":1[:",ffi'"1"x;

successful bidder

for

belng

,nspecrion(both,1:*-;:iil,Tl"f

;::,'lff:": r'';'"i,i"
AccorctinglY,

1"'

"o"',"

lhe conlract is

(Lot)
The above empanelment
here
"i below:'

t".0"'

*.:#l;if.ffi '*l'H'o=ulJ*'ll

tT;j"

rhis Lette' or rntent

," rhis resard tffoush

set out
terms and conditions
various
to
rs subject

"'

the
rh6 <rrhiect lnspeciion and

n"':'"''ll'

r","j::t=. :;#:5

":::,#;','"';J;:

J'

":::':

SLAS

i'll'if;;;; to this Lo l

j#":i"l**::*:'xil#is'J'i'?i[;:*""

t:1,,:.:

.;

':'t:''r':'

K:T:::,:::::"::;:illX'.1,t"r'i".I"'"
;";"'i"ll
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t tluird'|ne' B'r4sdk)rr',-;1:::l
-#-il.-i; ;, ;;;';ii""''
'""-i:"''*''
-r"", ,111ilii'i"'il' i^i'
":

DPAR

RioI:d

Govcnrmcnt oi
socicty cstabtished bv thc

slage or at posl
be either at nre,lhlment
may
work
iii. The inspectionlaudit be both at pre and post-shipment stages loo'
shipment stage' tt could
to
Departnlent of GoK concerned
the
of
discretbn
iv. lt rryill be at the unlettered
is required'
decide at vrhat slagp rnspectlonlaudit
to coordinale with the
are
you
assigned'
rs
.t:tit::of assignment as per the
v. As and when the iob iol"tu""cessful completion
Department
concerned'
"on""'*o
if any from the Depa*merit
RFP terms and instrucrrois
which has assigned the
the Department concerned
by
made
be
will
vi. Payment
referred above

-*t

i:t.,.

teniio*ed in the Annexure

of

and condilions
any of the SLAs or terms
oI
"ilrii[
breach
for
tevied
be
vii. Penalty w;tl
the Agreement IRFP
7 davs frorr the date of
*':l:":
agreement
an
execute
:::T:
viii. You have to
w*r.:e
tn"x,**"nr
or
draft
rhe
JJ:
lrl1,-sl:?i:.f":fffi:1",li
this Lor
o

will amount to the award

signing of the agreemeftt
is reqtrired to be signed
by you This agreement
tnu
of
and acceptance
"t*uof your concernlfirm'
by the authorized signatory
o{ contract'
from the clate oi signing
ix. The duration o{ contract is 3 years
(Rupees
Guarantee(tiG) for Rs 5O'000!
Bank
a
lurnish
to
commerctat
x. You are required
n'tlo"alizec bank or schedr"rled
]nv
o*U'
lot e
Fifty thousand'
'"""d'oi
Chiei t:xecr'rtive oflicer' Cenlcr
the
perforrnance
bank operating
'rl '"*"i'"i'*n
Bengaiuru towards due
Governance'
the contracl validity
of-Guarantee shluld, :over
"o"t'"*lnt-oiXuin"tux''
t*
;;;;
contract.
of the
montlrs as claim perrod
0.":'t11.."j,:
Jt'-"Jottn't
period rhat
the date oJ this Lol
't
BG wiihin 14 days irom
tnt"
to
You ate requlred
and
'u'ntln
envisaged in the RFP tJocument
as
conclitions
and
xi. All the other terms
adhered 1o
issued thereto are to be sirictly

"orr'g."0"*
-rhis

"*#

Lol is issued tc },ou in dupricare'

signalory oI youl
Lol duly signed by authorized

i-:lt.i:::':J;l"T::::X":?Jii1

your acceplance'
KindlY acknowledge
.Y'oLIrs faithiitilY

/ l)
I t:
,1i

itr, Ifftan/,it\ar.
Chrei

-i

urs

x\c'rlrvc'C-'tiitcc

r'

undcr c 6ovcrnance ScctciariaI DPAR lARi and

Socir.ty cstabiishcd by thc Govc(nrrenr of Kamataka
rcPistercil unctcr Karnataka Socicties Regittratior Act' 1960)
-560OO1
Room No.146 A, iirti i loor, M s lluildin& nangabr{r
'mail:
qeoqq8@Jiraal?li
Bov in
c
phenci

080

?237 38,10: f:AX 08i-l 223/1841:

Annexure to Lol. No. CEG/20ISEM'I 12O14 Dale 16'05'2015

Sub: Third Party pre/post-shiprnent lnspection of Servers'

Computers, l aptcps Nelwork equipments Network
per'pherals
lntrastruclure inslaltaiion including cabling, UPS and
Schedule of Rates/charqes pavable for PrelPost lnspectionlAudit
Ar*exure to Lol No. cEG/20lsEMr/2014 Date: 15.05'2015

1.

DesktopslAlO

204

400

300

r-aprops

250

300

300

Se rvers

400

450

400

4.

KICSK

400

500

350

Managcd switches

125

Router

125

1.

Unmanaged Swliches

175

HLrbs

125

225

150

9.

UPS

250

400

300

.10.

I)rinter

150

250

250

1i.

Sca

125

250

250

12.

I'ingerprinl cievrces

100

250

250

13

inle atlet]dal-ice/Btt>melrics
devices

125

225

250

14

Network Inf iaslructufc

Insi3llation inciudinq cabliirq

t50

tr

nt'r

150

225

150
150

000

500

DP^n

'.

and

i''"'i ,'' 1r'1l"iJil, i'l ;1",1;1

;il; il' ;;.'" "r'"*i':':i.:f.T":l'::Hl:.::fi:i""t'
-.Jffil l; ;:,i"'iii'"'' ' 0"",'''1 lll?i1'j1,,#3,lLi
l

society cstabrished bv the

*-],

Govc'')mcntoTlf

I^ri

;'Ji-:

iillli;i'ij,' ili''ffi

Inspecti:Third Patly prelposlshlprnent

:,t-:.-":Y"t*
Sub:
Ne]wor'K
""
iaptops' Network equipments'
'
peripherals
and
UPS
l*fuiing
installation
lnfrastructure
"ufiing'

a"*o*t*'

Details of SLAs

ResPoRse

Time taken to

t-ess

iitan 24hrs ( before

i
I
I
I

nexr
I request time

i n eenattY of Rs 1000

respond/acknorvledge

frorn the
! wortcnq daY)

lnspection requests from

or email sent
! time tne fax

the depaftment

t,,
I working daY

ot

oetaY

uv tne depatt*ont

!
I

checiiisi PreParation

Wiihin 48hrs ( bY eno or

2"d Vvorking day)

tne
Time taken to Prepare

of

Rs

1000 Per

workino dav of dciaY

the receipt of Inspection j

checklist

.:,:

from

' - Penalty
iu

call

lime tikerr for Report Submission

a ponaltv oi I<s

of

ljui

'

comPonent fc[ evcrY

l-1
Time taken to inspect
comPonents in llengaluru

and submission

LUU

Within 4 workinq

daYS

worklng daY of dclaY

after '.he comPietion of

the

assignmcnl

report to the department'

:

. \A/rtnln lll lvulr\rrrv uu/J

to inspect I
, Time taken
I
-..,-:-1,,
out:.'"
I COmPOnentS

..,.', ,n.'
---,^^ffarnt

romoictiOn Oi

A Pcnally of

lis

100 Pcr

]I

ior cvci-},
i corilPoflcnt

DPAR {ARland
of Katoataka undcr c Govc'nance Se-crclariat'
SocictY cstablish.d by ihe Govcrnntcnl
Ac:::9::]

ReBistratiol
rcgistered undet Karnattka Socictics
Bangalore -^sto
Building'
s
M
Floor. rvr'
rittt hloor'|
L, trrst
Room NG146 A'
rao"r"ru...rai
223l38
Phcnc: O8O - 2237 38aot l'Ax 080

*.'-,

-: t

workifig daY of delay

of the rePort to the

depariment

{,n
The department concerneo
shalt irnpose severe Penalty
A randon'l sampfe set of

IT con'iponents and
peripherals shali bc

testcd bY thc
departmcnt conccrnecl to
Report Auihenticit-v

validate thc auihenticity

of the rePort. If the

in this case' The lnspectnn

agency shall not be Paid for

the current inspecilon

assignment and 50o/o of the
assignment value shall bc
charged as PenaltY. ln
extreme cases ( as deemed
by the dePartment

report is found to bc

concerncd) the Inspection

agency might be asked to

rnconsistent, thcn tihc

lnspection agency shall

forfeit bank guarantee as

bc pcnalized

well.

,
:

minpo*.i

so(icry cstdbrished b,,i:'"1":::::Tjl::ijlii'I,:,r,"iffi:ilx::,"ffi"

rcSistc't-d undcr n
M s guitdrn& g:':l91l:'lL'^'"13,5,1*
noom No 146 A' Ftrsr t-toor'

"'PA't
"--

it'ki !nc

Proiect lqanager = Rs
12,00O/- Network Speciafist

= RsB,000l
Server gpecialist
During the operations
phase, the lnspection
agencY has to ensure

that the manpower

in
resources Provided are

line with the minimufi|

Quaiification

of manPower

qualifications as speciiied
in the RFP.

if

comPliance

is not met then th(r

lnspectioi'l agencY shall

be penalized as

Rs

8,0001-

Desktop, LaPtoP other

PeriPherals SPecialist

Rs

8,000/UPS Engineef =' Rs 8,000/-

The amounis rncntioned

tor
above shall be charged
on
evenl rnonth of deiaY and
a prorata basis if it is less

than a month.

mentioned.

Reports
t--

\3

(l

InRl anC
Sc(rntori'lt' DPAR
Govcrnaircc
c
undcr
K'rtnalnka

i"l"t'"i' i""'*t *'i:::'j"::*ltltt?

Cc1,
;-;"ild'"e nangarorc 550
,
I
!irsr
A
No.146
Room
'oor' :fr]#;;;;.;"","t
UEU
tM
'Phonc:080 2237 *iC

\d.rclv n)tablr5heo

thc Govcrntn"rtl
unot r Kdr ":1":;
rcsi<tcrL:d
tcsi<tcrL'ct unocr

bY

to
ii-sp"-.tion agencY has
ensure that the MonthlY
to be
Proiect Report has
submitted to CeG before

of every rnonth fcr

work undertaken durlng

5th
: Monthly

Prolect report

previous month'

Rs.50$O

month'

if

met
comPliance is not

thenthe

^^^-^,
r!'
.rrJEI
a5

Inspection

chall h
J"-''
- Denalized
'

mentloneo'

for every failing

i
i
i

INDIA NON JUDICIAT

AgYernment of Karnataka
e-Stamp

Ffl*qwt
Certificate No.

lN-l(A6641 861 22/+gSOgN

Certiticale lssued Date

26-May-2015 12:03 PM

Account Reterence

NONACC

Unique Doc. Reference

Purchased by

suBtN-KA|(AKSFCL0882355591 222 1 99N

NISAKI TECHNOLOGY SERVICES

Description of Document

Article 12 Bond

Description

SERVICE LEVEL AGREEMENT

Consideration Price (Rs.)

(Fl/ kakstctog/

WTLSON GARDENT/ KA-BA

(zerc)
First Party

CENTRE FOB E GOVERNANCE

Second Party

NISAKI TECHNOLOGY SERVICES

Stamp Duty Paid By

NISAKI TECHNOLOGY SERVICES

Stamp Duty Amount(Rs.)

200

,/-,5a SanjS-,

(Two Hundred only)

fzl-\,

46letmrnr
AGREEMENT
THIS AGREEMENT is made

on 26th Day of May 2015 [twenty sixth day of May

''
of two thousand and fifteenl
fifteenl
.,l'
Between

"

"..

fv'g\"qT

Slatutory
The authtticty ol rhis stamo cenificare shoutd be verified at "www_shcitestamp.com".
Any disarepancy in rhe detaits on this ce(ificate and as
avarlable omhe website rnders ir r.vatid
2. The onus of checking rhe tegirimacy is on the use.s of rh cenjncale.
3.In case of any discrepancy ptease intom the ComDerent Authoritv_
'1.

centre for e-Govemance, Govemment

of Kamataka represented by its
chief Executive
n",
a na9'E"iriinri'n*ruro.e - 560 00 r. (hereinofficer
:.}!ff
aner

'[ ""T:ff:#\ m"":11

X*,"**;;*-#":""#fi 'ilili":'i;L'il'#ff "Hf ."*l*n,X*}

y":-fof

rechnorogv services

No.46. park Road.,2nd Main.

r0,h cross,
l:':i!::."rar
ozt
Fuiu,til'i#;;,n*
rererred ro as the ..Agency,.)
,};iili":fl::.'l;'"XLti,?ii"tuo
a""."atii'"-r',ia";ffi ;.#"TUfl ?ll$::il?l',?:X',Tllffi
;;"9;1"r;.;%rr"

*client"

and "Agency" are hereinafter

vu'cutrvcry rererred
co'ectivery
referred to
"Party" as tt.
1".-'

as the

"u"r".uv

"Parties" and individually

as the

WHf,REAS

ff fiffi ::: ji"rffi

::"TjT::ffii,l,,iHjf

l'"i:#i;,;';:i:t'[* ,*
B. In response to the RIp,

ilhi*i-:,,ltl

.il,",1;:q::x13, ,"

,n" ,.,1;

g:,*i,:?::i;rffi::

J,"itd-?ffff#H

the Agency submifted its

il.X'"?H',11iJi;[5ilffi#!:,''7',LZ
f,*:T*;*Xl!"r.'n1.-0""'"riilb"ffi
of h,":t (-Lor) Dated May io.
zors . ii" XrJ.il,i'j.", ,,
\4as conmunrcareo ,ofl"l
Agencv's propo,ur r'7. ul.n
,"".p,.a
,ff. t:il;t"Hr*:ftf1'llJle
ll1_,1,1. jh-Ar:"",
partv inspection(both posvpre
shrpment)
.r s"-"..,-c"-",i,"i.i*fj:i::'?.,:t"^-jl
t' computers' Laptops' Network equipments.
]tttd

insiallation ,n.luiing
.onai,ron. oi rr*-il?

c"

N"*.ri.'ini*r,i.,or..

;X?,;h,.T":.

il:.iilIi;? F;H:T,ffi

The Agency having represented

to the client that

personnel and technical r:sourc_:s,

t

it

t#" fi",ffi *
,

has the. required professional

and
pl."jiJ""nu- services as defined inskiiis,
Schedure
"g."Ji"
*"T:::ilil'f":39;;,9;;r;;i?' ;;;' ;;:":{"-ices'), subject to the terms and

n-OW THEREFORE

IN

CONSID*_ERAT|ON

OF

THE__PREMISES

AND

MUTUAL
n3yJi.jif i,?,i?:*.iliilT,;Bltr$il,EL,inX.,"*,r,l:panii-e,.iii*,o

I.
l'l

DEFINITIONSANDINTERPRETATION
"Contract" means this agrement
and any and all schedules,
"
grnexures and exhibits aftached to
incorporated
by ryre...,c"-'-;;'l'"1'.";*T:Tjjntoi::."n,:1.

It or

in. ir

extensions/addendums/amendments,

1.2

,rir,

a iil,.

u,to include any

wnrten

"L""il'Jr,r,

"Applicable Laws', means and

includes all applicable sta tut"t,
enactments, acts of legislature
of Parliament, laws, ordllances- nrles hr,^-*.-,.
-^--,--,

. t:R

ffiw

ol
Page 2

of 24

directions, directives *O
govemrnent, statutory authority, tribunal,
-O*
board, court,
soctety, organization andlor association;
^?lT,

"client Materiars"

t.3

shall mean, the materiars provided

Equipment, any trademarks, brand names,

logo of the

by the client and incrudes the

Client

I t4
l

'5 "Equipment"

shall include seryers, computers, laptops, network

equipment, network
infrastructue installation including
rjrs
*a
penpherars and any other equipment
as
indicated by the Client , fiom timeio "uuring,
time

1.6

"Fee" shall have the meaning ascribed to it under clause 4

below;

1.7

"Force Majeure" shall have the meaning ascribed to it under

clause l1 below;

l'8

"Government" shalr

l'9

"Intelectuar property-'means
and incrudes alr brands, concepls. confidentiar
information,
cop*ights, databases, design, goodw'I, know-how,
licenses, 'look and feel,, music (inctuding
sonss, sheet mus", trn:::j.:T:1yl,,wnntts,
(and their sound recordings),. segments, set nronrtetaryinformation rnJ mo*r"a!", ,""p,,
designs, servrce mark, titles, trademarks, trade
names, trade secrets, format rights, and
all other a'llied, anc'lary and subsidiary rights in any
and all media whether now.known or subsequently
invented, a, dghts of exproitation as well as

mean the Govemrnent of Kamataka.

Arso referred to as

pronely a9 is commonly understood and

ll1:ll^":tl:]l*pal
raw
(past, cunent or future), industry usage
or otherwise;

I l0
I II

*";c,r;;;".r"h'L"r'ipri""ur"

"Personner" shalr mean the person'el deployed

by the Agency on

Schedule B to this Contract;

'.GoK";

each

project as detalled in

"Project" shall mean theproject for rendering the

services to be undertaken by the Agency for
Client and/or any of the deparknenVs of i'h"
C"f ,'Ao_ ,,_e ro trme;

the
1

12 "Purchase order" sha mean the Letter. of Intent

[LoIj issued by the client and,/or the
subsequent work assignment order issued
uy *y .d trr" department /s of GoK and/or the
Client, under this Contract,,from-time to timg
*frl"f, lviff inter alia specig/ the departmnt of
the coK or the client forrvhich the services
*"
," u" ,""a"*d bil;;;;";:;r,i""r"".,i"" r".
rendering such services, the nature of rhe equipment.
io t," in.p..t"a, timeline for deli'ery of
the services and whether the inspection r"
uJ
i* ."qu'i;;;;;-;rript?r,lirg" .. ,,
the post
shipment or at both the stages.

"i.r"J "ri

I 13 "Reports"

shall mean the reports pertaining to the inspectl.n/

audit of the Equipment carried
out under this contract on projgct to proiect
basis ii a l.rmat acceptable to the client
I
and
containing details as set out in section 3 ofthe
Schedule

'14 "Services" shall

mean anrl inciude the various services and/or

activities to be performed and/or
rhis contract
project basis, .,1,"."-pJ""r,,rv
""der

;n1i:T:X B:;5*uff"r
] I5 "service

A;

".

p.;j;;;"

Levers" shalr mean the service level for the performance

of the Services, as set out in

Schedule B to this Contracr:

'

t'

ff:g::lall

Agreement

mean a period of 3 (rbree)

vears commencing from rhe date of execution of this

Page 3 of

d;,1'.1;i:'"ly^;

24

I .l

"Territory" shall mean

the world;

18 "works"

shan mean intelrectual. property including

without limitation the Reports, literary
works, works of authorship,,artistii worki
""t., "..u?iu", _ro"us, content, any product or output
of the Services or Berierated/crealeg by
;t;h" instance of the Client, during the
course ofor in relation to the provision of^the
the sJrvices under this contract;

4;rt,

l'19 Any reference in this contract to any statute or statutory

provisions shall be construed as

including a reference to that statute o.
tof
as from time to time amended,
;;;;i"r
"tut
modified, extended, or re-enacted, whether
before ot un"r tir" date of this contract, as welr
as
all statutory instruments, orders and regulations for
the iirne Ueing in force;

1.20 Unless the context orn"*l::l::lr::- words

denoting.thg si.n8rl]ar shall include rhe plural
and
vice versa and words denoting persons shall inilude
Dooles corporate' unincorporated
associations,
'
-d purt

"rrhipr;

| .21

unless otherwise stated, time shalr be of the essence

for the purpose of the performance of the
Agency's obligations under this Contract;

2.

ENGAGEMENT FOR SERVICES

2.1

Jl"
9ll*l hereby engages rhe- Agency to provide the following Services derailed in rhe
Schedule A and including
but nor Iim]ted

2.1 .1

io the'foltorins_

Inspection

s_ervers, computerq laptops, network

equipment, network infrastructure
9f
installation including cabling, lIpS ind peripherals
post shipment stage or at the both._stages"iih;;;;-.#;r" shipment stage or
as decided

concemed and/or the Client which

will bi

by the bepartment
assigning the.loU to tt" ag"n"y

of

eK

2l'2

The location of the inspection shall be at the

vendor's premises /factory premises
arlqrhere in India / premises of GoK's depafiments
rocatid anywhere i" ir," ,i"i"-"i
Kamataka/outside. The Agency shal.l perform
the iemces_at the location specified by
the Client / any of the department 7s of GoK
concemeo as and when required by
the Client / any ofthe department /s ofGoK
concemeo.

2'l'3

Preparing and submission

entrusted.

2'1

Any other service

/s

to time.

of the

Report(s)

for each of the assigrrment/project

in connection with the aforesaid, as may be required

from time

The Agency agrees to render the services in accordance

with the purchase order/ work
assignment order issued by The client z u"v
or n, a.pui-ent is of GoK concemed, from
tlme to trme and subject to the tems and conditions
of thi, Corrt uct and the RFp. The Asencv

it

agrees and acknowledges that

shall be liable to render ,h;
Department of GoK and/or the Client,
-ho.o"ue, ha. irruJilr" p,,,."frur"

a;;t;

rendered by the Agency to the client unalo.

performed in accordance with this Agreement

*y

""a

2.2

"l"p*,o*,

oi tn",frai U. g"""-ed

i.- ir,"'

""ii*ii

Order. The Services

/s of GoK shall

be

by this Agreement.

The Agency agrees that it has been engaged by

The crient / any of the departrnent /s of GoK
under this contract on the basis of the uidersiandrng
trrut ilrJig"ncy sha be responsibre for
rendering services to various departments, local
i";i;r-

p*;;
specified
3,,.":::":,:i^lllataka_as
ii.th" of
subjecr to adherence of the lerm;and conditjons

!f#i;:;:;.:,,
l.,iI
Ba n gaiore-56r,.ur..r

4:-.|<
;----/-i:

---/-,iil!z?
/or _6-GoVe{>;

il

pubric undertakings

b,;;;*ork

assisnmenr

of

order

rhe
and

and the R_FP.

ffiffi\

Page4.r24

z.J

The Agency agrees that time is ofthe essence for

the performance oi.the Services.

The Agency agrees that nothing in this contract, shall

restrict
the client from engaging any
'-Notwitrrstanding
other third party to render the Services or any part tnereor.
th" g;""1;ft;'f
the foregoing, the Agency agrees and acknowiedges
that th" Clie.rt and/or the department(s) of
GoK have empaneted another agency by the naml 0f M/s
RITES - a GoI Enterprise to render
services similar to the services rglderef bf the Agency.
ffr" ag"rr"y agrees and acknowledges
rhe C'ienr nor any. of rh^e otb"i a.pu.ti*il,
oi cofi. g..,u.-t"" the number of work
assrgnment order (s) or the value ofeach order in given
a
year.

2.4

:lill.]lh.:

REPRESENTATIONS, WARRANTIES, AND UNDERTAKINGS

J.

3.I

The Agency hereby represents, lvarrants and undertakes

to the

31

Client

as under:

The Agency has the full.right and authority ro enter

into and perforrn this contract and
is not

under any disability legal, contractual or otherwise,

*frl"f, ,"gfr,
Agency from entering into this contract and,/or rendering

the

Contract;

sewi"ces

pr*.r,
^

,n"

under this

31'2 It is a duly organized

body corporate and validly existing under the laws

oflndia and
has all requisite legal power and authority and corporate
authorizations to execute the
Contract and carry out the terms, conditions and provrsions
hereof.

It has in full force and effect arl requisite clearances, approvals

and permits necessary
to enter into the Contract and perform its obligations
hereof.

31

The contract and the transactions and obligations hereof

do not contravene rrs
constitutional doc'ments or any
regulatioi or government directive and wi, not
contravene any provisions of, or
'aw,
constitute a dedult under, any ott".
,r.
instrument to which it is a party or by which it or
"*tr*f
its property may be bound
or any of.
its obligations or undertakings by which it or any .i
;t" u.."i. J." ;";;;.";;;"
limitation on its powers or cause it to exceed its authorized
"
powers.

1'5

There are no pending or threatened actions, suits

or proceedings affecting the Agency

or its affiliates or any of their respective assets belore a

court, govemmental agency,
commission or arbitmtor or adminisrrative tribunal
which urr""ts-trre ag;i, irriir,v
ro perform its obligations under the Contract; and
neither th" Ag"rrt-n;;,u"y oi i,.
affiliates have imrnunity from thejurisdiction ofa
court or from reigar p.o""rs f,it
tbrough service of notice, attachment prior to judgment,
"it ".
attachment in aid of executron
or otherwise).

3l'6 All

representations and warranties ofrhe Agency set

forth in the contract are true,
complete and correct in all respects. The Agency
n rtn". ."pr"."rrt, ;;;;
il;;a,
shall be true and accurate.

17

No information given by the Agency in relation to the

Contract, project documents or
any document comprising security contains any matenal
mis-statement offact or omrts
to state as fact which would be materia'y adverse to
the enforcement
remedies of the client and/or the Govemment or
"iirr"iglrrr'r"a
which would be rr"."r.ury-?o
-lt"
any statement, representation or warranty contained
herein or therein true and correct.

3l

'8

The Agency possesses the requisite skill and ability

to render the Services,.land that the

the S.ervices subjecr to the direction of the Ctient

ti"
:.i::?:3ii:::der
,/s or c.of .o,,""-"J , to the best ofits ilit;;d'.;iluy,
"ry.r
ffi
:_".",;
:.,11^*ry1m:*
due care and diligence while rendering
the

.g

.9

Page 5

of 24

3'1'e

A:fi:;:X-h:iffH:'r"",*:y

"'';H#;TLlHfJ:fi
3.l.ll

acts and omissions

ora,

personner engaged by

l+Hfi ili:,#"i,'T,J;jJ*"#rft1ffi:,ffiL$:

The Agency has not entered

tl:l1,inlo.
in,^ and
.-.r shail
,- . enter
-L^,, not
rnro any agreement and,/or
other arrangemen, ,ith
anv

#:1',T,t'"'"i*;.ffi JtT.1tr#3J":r:il."#i":;thll,xxirtmi
3.i.12

The Agency shall not re

t'i.c.l',.uo,.ti,"i;;ff :H:1;]fiffi
f ij:f:'.""'rffi.;g.n"rtheServicesunder

3.1.13 The Agency shall not,

d,

il."ffi';#il:.,ff#i._,*:Jg:yjl-":rf"
an adverse dtle ro rhe

sranr, assrsn, transfer or create

:j:i::,hy:*r$i5i:fillli'tfl ;,f ti'il;;?.:T

:i|#i:J,;ffi:*t'u'i*u",oit'.iliil::$';:T13";'",iil'H""liH"'ffiJ
department
/s of GoK

3.1.14 The Ag.n"y ,rpr.r.ir,

and warrants that the Works qc
pursusnl 1. this contract
snall be orisinrr chall -^+ ,_"_,_1".11"d:.:uted-by the Agency

j"$:l;h*',T;;
i":t',T::':!HTHT';H,#,:ff ;*#1":r,]i;?:t'."'J;?
;ililLTTJf
ilH?'Jn""iilJ,j1,,::Tili
App.licable
l,T.ln,nyro,.,"orii;ffi
ffi,l,lTriJfLaws;

3.1.I5

The Agency has not created

and shall not create a
encumbrances, in respect
mofigage or any
of the works
u,r"o, Ine
,i1t,l.l1t9e,-lien.
Llenl Materials. in favour other
'r ur^'s drrq/or
third party;

ofany

3.1.16 The Agency shall not

claim any rights,
Client Materials or any part thereof; title or ir)terest in respect of the Works and/or

" " il;,,||il:T:rvill

3.2

be Performed

in

accordance with and

The Client hereby represents,

warrants and undertakes to
the Agency
3

2'1

3.2.2

3.2.3

in

compliance wirh rhe

as under:

fu''"trt n*:^r:-1:r andauthority ro

execure the project and to
perlorm its obligations under
enter into and
lhe Conlracr,r;;
d'u ;";,
tnere are
It

has

no proceedings pending'

The contract has been ,,, ,,,

"-,:^-:-,'
cons,i,u,es,,,,o i.liil"3tilfil:;i,",1i,fiTiffi:

;;:,1.,'**d

The execution and de

starurory;***

".otji.?:"".:Jt:"i::ffi:

Xl,lt,,1?,1q:""r

by rhe crienr

and

does.nor viorare any

8il:ffi ::*l,iHJ"";;.,1xg";;";'i##:'i';,:""-'#x},?;i::;':ill,,:T*
4.

it

CONSIDERATION

*;lili::*;i**[**i*#rit*r-intr.*i';i;iiii:Td""tu
l r-:-,i"!.,

-+1,-,).r.
r.
\-,
\

8,,,,.,.

-X,:,

Wt,rii

e'a
:

fe

R*rr)3

'-,4V

Page 6 of

24

4'2

All

sums payable under-this contract_shall be

subject to deduction of tax at source
[TDS] under
the Income Tax Act, 1961, amended from time ro
time and also l"ri",
iiiii"uur"
u.
per the statutes/laws in India.

t;t;;t;;

43

The Agency shall along with the Reports, submrt the

invoice/bill for the Fee payable for the
Services rendered and after the acceplance of the
Reports by rhe Client I ar,]r-lf *e olt rr
depti(menr ls'of GoK concemed, rhe fee will u" puiJ'*itt
ir, u period of rhirty (3oi iuy, i.orhe dare of receipt of invoice. from rhe Agency/
accep,r"".
/
any ofthe other department /s of GoK co-ncemed

"lit" ii"i*r';;',rh: ;ifi

The

client

and/or aay of the other depirtment /s of GoK are

entitled to make recoveries such
for breach of any of the tlrms of the contract / RFp or
any .r""r. fu1-".r,
made from the amount payable to the Agency.
","
as penalties

4'5

The Agency is liable for all taxes and. duties including

Ihcome -fax liability both corporate and
penonal etc' The Agency shall maintain adequate
books u"a r""o.a.'in l"r""J,io,' *i,1,
contract and shat make them availabre for inspection
and audit by the Govemment and./or the
client
or any agency authorized by it iuring the rerms oi cont.u"t
,rrr,ii

"*pif

performance griarantee.

4'6
5.

or,rr"

The incidental expenses ofexecution of agreement

/ contract shall be bome by the Agency.

BANK GUARANTEE IBGI FOR CONTRACT PERFORMANCE

5.1

within 14 (fourteen seven) days of the receipt ofnotification

of award from the client
Fifty thousand onryj

the Agency shall furnish the a Bank Guarantee

for Rs. 50,000r (Rupees
issued by any nationalized bank or schedured commercial

i" I"ai,

i" fr-*
the chief Executive c)fficer, center for e-Governance,
"r
Govemment
towards performance security in accordance with the
"i"r"r"","t",'g;rga"terms and conditions or rrr" inp u.ro ,rr"
contract' The Bank Guarantee fumished by the Agency
shall be for poioa .qrriuurrniio trr"
Term of this Contract (i.e., 3 years ana an aaaltiorit p"rroA
)
of O (six) months rhereafter.
bank operating

5'2

Failure of the Agency to comply with the requirement

under this clause 5 shall constltute
sufficient grounds for the annulment of the award
of the contract and forfeiture ofthe eamest
money.deposit [EMD] fumished by the Agency in its
bid under the RpF. The client sha'be
entitled to forthwith terminate this AgreemJ-rt in the
event the Agency fails to fumish the tsank
Guarantee in accordance with crause 5 l above.
In case of exigency, if the crient engagcs a
third partv to procure rhe completion of the Services.
ir," crir"r-*"]i, irr"
rr,"
work done from such third party will be bome by the
Agency or will be deducted from amounr
payable to the Agency, at the option ofthe Clieni.

"#.i#irr

6.
6'l

OWNERSHIP

rhe works wilr be considered,to

specially ordered or commissioned by rhe client
-"rir*
the other department /s of!1ve_-been
GoK and sia be owned by the clieni /
rr*
deparhnent rs of GoK for the-T"..i,..y,;;;;,y,
r."-,n" moment of their""vlr
creation. rn the
rhe client / any ofthe other departrent /s of
GoK is not deemed to be the owner of
:1":i.th?t
the Works in any teritory of the world, the Agency
in consideration of rh; F;;,;";;;;;"g",
all rights, title and interest ofany nature incluJng ihe
Int"lle"tual property in and to the works,
and rights in any form of exploitation of the-worls
for the entrre
and in perpehlity to the
client / any of the other bepartment /s of GoK. For the sake ofworld
clanty,
cri*, rri*""r
shall not be deemed part ofthe Works for the purposes
""v
ofthe asslgnrnent hereunder.
/ any of

Page 7 of 24

o.z

To the extent
the assignment of the works in reration to the future
medium or mode of
exploitation of^that
the works is not held valid by operation oi iu* i.,
any territory of the rvorld,
of such rights in fu.,rou.
tr," Cii"it''i
i_.lyh"ll9Tg^,le3s;ienment
department /s of GoK the Agency hereby aoo granls
"r
an irrevocable,
exclusive. sub Iicensable,
perpetual license for the entire world and
in lerpetuity to the Ciient i XV.;t ;h';;;
depdifuedi /s'of GoK, for such future mediurroi .'"i"
of the works as mav be
developed in rhe future, in consideration of the
"rpr"i,"tion
fee,"'ri;e';;fir;;;il
;;ffi;;:;J;
acknowledged by the Agency.

infl;;iil;.''#;

Parties agree that the provisions of section l9(4)

of the Indian
apply to this Contract.

copFight

Act, rgsT,shall not

Nothing in the Agreement shall be deemed to rransfer

any righls. tilre or interesr in the crient
/ ani of thd other departmeit /s of GoK rnateriarr
t" trr. ag*iy, rn any
mamer whatsoever.

7.

RELATIONSIIIP
The Agency agrees that the client
retained the Agency sorery for the purposes and to
the
.has.
extent set forth in this contract, ancl, the
Agency shalt noi be considlr"a, unao ti," p-.,irion,
oi
this Contract or otherwise, as having the Jatus
of a partner, o, ug".r, of ,h" Client / any of the
other dpa@1nJ /s of GoK or being entitled to share
in any ot trre benefits which the client
/ any of the other deparrmenr ls of GoK may derive under
i#. co.r,.u",. p-,rrl ."t"
it is hereby uF"* bl the,Agency that no peisonnel ."nJ".ing s"*r""s
under this contract shal
be considered as having the status ofan employee
ofthe Clieit

"i"iJv,

8.

TERMINATION

8.1

The Client shall be entitled to teminate this Contract,

in whole or in part, al any time by giving
the Agency a written notice of termination thirty
auyr i.r uor.ance wrthout providine anv
lrri;
reason for irs convenience. The notice of rerminuiio.r.hutt
client 's convenience, the extent to which performance
oi th" ag"n"y under the contract is
temxnated, and the date upon which such termination
becomes etfective.

.p."itd" ;; ;,##;;#:riii:

8.2

without prejudice to crause g.1 above, the client shall be

enti ed lbrthwith to terminate this
if:

Contract

(i)
(ii)

The Agency commits any breach of any of the provisions,

representahons or covenants of
this contract and such breach is not cuied .''rthi"
trre timeii.,e specifred by the cri*^7'""y
ofthe other departrnent /s of GoK
The Agency is subject to insolvency, bankruptcy
or winding up procedures or ceases to
carry on its business;

(iii) The

Agency- acts

business

ofthe

in any

Client

mamer
might prejudice the goodwill, reputation and/or
^wiichother-depajment
/ any ofthe
ls of GoK

(iv) If the Agency

fai.ls to deliver any or aI of the services within

the time period(s) specified
in the Contract and/or the purchase Order as the
casemuf i", o.

(v)

If the Agency,. in thejudgnent of the client

/ any ofthe other department /s ofGoK
has engaged in corrupt or fraudulent practices
in competing r". r"
trr"
contract.

"i

8.3

*,*,:;:"j:*:Y:"TTll1l

"*"",i"g

punuant to ctause B.t above, the Agency shau

"lthis,contrat
r". uyir"

h."p1:,:i:::*
GoK
lol Services f:..^1f
actually tit1,*,,or,tn"
rendered riH the date of

Cri;,l

7*r.I.i."";;6##i,)$i
f this

Contract, as determined
Page 8 of

24

unilaterally by the Client any of the other department A of GoK, and rhe Agency shall
forthwith return ro lhe Client / any of lhe other dq)afment /s of ,GoK any part of the fee
already paid by the Client i any of the otber d.epartmen! ls ofG;X to the Agency prior to the
termination of the Contract which is in excess of the pro rate pa).rnent of the Fee due to the
Agency.
8.4

Where the termination ofthe Contract is prior to its stipulated term on account of a default on
the part of the Agency, then the Client I any of tha' oth; depiir4ine.rii' lii' of GoK through
unilateral re-determination of the consideration payable to Agency shall pay Agency for that
part of the Services which have been authorized by the Client / anyti6itra't:a,0"r dep44qiant /s
of GoK and satisfactorily perfomed by Agency up to the date of termination. Without
prejudice any other rights the Client / atny of tlie other dipaitnidnt /i of.GoK concemed may
retain/deduct such amounts from the pagnent due and payable by the Client / any of the other
departqr.enf/s of.GoK to the Agency as may be required to offset any losses caused to the
Client / any oftlie other departriient /s ofGoK as a result ofany acts/omissions ofthe Agency.
In case of any loss or damage due to default on the part of Agency in performing any of its
obligations with regard to executing the scope of work under this Contract, Agency shall
compensate the Client / any ofthe otheq dq)a.tment /s gf GoK concemed for any such loss,
damages or other costs incurred by the Client i any of the other department /s of GoK
concemed. Additionally, the Agency/Personnel/ other members of its team shall perform all
their obligations and responsibilities in accordance with the provisions ofthis Contract in order
to execute an effective transition and to maintain business continuity.

8.5

In the case of early termination or expiration of the Term of this Contract, the Agency shall
forthwith retum to the Client / any of the other Departments of the GoK any and all Works,
materials including without limitation any confidential/proprietary information of the Client /

ofthe other department /s of GoK materials which are in the possession of the Agency. The
Agency agrees to cooperate with the Client / any ofthe olher department /S ofGoK and assist
any third party sewices provider engaged by the Client / any ofthe other Depadments ofthe
GoK, if any, after the termination of this Contract, for the purposes of transitioning of the
Services or any part thereof from the Agency to such third pafiy inspection agency.
any

8.6

In the event of the Client terminating the contract in whole or in part, the Client may procure,
upon such terms and in such manner as it deems appropriate, services similar to those
undelivered, and the Agency shall be liable to the Client/ ary of the. other department /s of
GoK for completion of the services in accordance with this Agreement on the rates specified
hereunder. The Agency shall continue performance ofthe contract to the extent not terminated.

8.7

Nothing herein shall effect the continued obligation of the subcontractor appointed by the
Agency /other members of its team to perform all their obligations and responsibilities under
this Contract in an identical manner as were being performed before the occurrence of the
default.

8.8

ln case of termination of the Contract, the Client would invoke the Bank Guarantee fumished
towards performance of the contract hereunder, enforce the Deed of Indemnity, recover such
other costs/losses and other amounts from the Agency as may have resulted from such default
and pursue such other rights and/or remedies that may be available to the Client under law.

8.9

In the event of termination of this Contract due to any cause whatsoever except termination for
the Client 's convenience, Agency shall be blacklisted and the empanelment will stand
cancelled effective from the date of termination ofthis contracf.

8.10 ln the event of expiration or termination of this Contract due to any cause whatsoever, the
Client shall be entitled to impose any such obligations and conditions and issue any
as may be necessary lo ensure
ient transition and effective busrnsss
it,\
-o
G

o
o

Page 9

of 24

:i#T'ffii#Ti:"1:"rJ,lLif5"il? ::*::,"i,ff
:,g:T'*#'Jl;t1"f."11.il?::,i;
3"':j::r":i."*i""j*Tfffi :Jifl""'":i'"-ff :'i?'".';i:'1:ffi
I

'J%t?::#ffi Hili

The termination hereof shall

:5"',.i.4;;
ilr; ;;;''#'":""!iff:"!fr ffiTffi"i"*fi
come lnto or continue
in force on or after
:l*"_ll*r:.g'
,Xffijii,i;,

p;; ;"

::iiff

11,,,'',"r"fi

such

that rhe

::ll':lTififf :f1"ffifii

";;;;.i
provision;;;;;;;;"Ti'iTJ"X:"iT;:,:T"tnJili

'lil,Tyir".,':ffi

m ;;l_fm* ;*1#';

9.

INDEMNITY

9.1

The Agency agrees to indemnify,

defend
and hold harmless the
-;;:":::':111'^"s
rrie
department /s of GoK ttr"i. em"in"..^
,

::tffi;j;?:ff

clienr / ,6a,
urlent
-.1:
any of
^t +L^.
&e otlier
.z
.

1""****w:fu*:k.,,r##:T;:?,1.1?";:,h:*:

it$H,:i',rffi

*-''1ry*1;$*:##$;*5*fi i',,i",.{*flil

*#[!:'t!i,fiil#i3i{tllFllryl*a*f

:ii* jT#'.T:rr?r:$t"fJ,"J*

; ;;"#;:
uv, r," ci
f
:;[:,1
H:ilil:T
ff
:Xiin',t,.m,y-..
"^'
r
LrJt'rurci.Qi
l*,:$i#:f
rne,tgencyl (vii)any
paymenl
due on

accounr

emprovment obrisations

of anv ,,"n,rnrr-i-^;;;^:1,:l::

orrhe;il1Jffi*Hil:l;X

i;L],Xli

":iil#"i'liii,i.t'l],?

9.2

or o,herwise

dispose
i?j:ii"!::qr:1il'::3:51,???#:":;il'ji1 i1i,:.Jfii t:,..:lrd
il"j::l,li:.?i:::",*yj::il:..n,.'i"i""i.r'"ii"i';il:l,i::;,T,',T-."}.'iii:H'",3;
*
il }i,iil::: l;il:ilfl ::::."i:ft;#::ffi""*:,lr;ln#
fu

fj::i#i:i:f

9.3

Neither party shall be tiable k

(incruding

1".'

i,f;l Jff "ffi

"""'T:?::li+"'li::iJi!liil*i':",,;fi,i'"11',1';,i,ll,'jillf'il
ri" u.." ",a'".i
:lil,,lllil, f i:"i, r"v
"i,i
3#;:' ixT;T;

"ip'"n'

;i:::il?:::"r:"T ;*x eru*?ltl*rr*ii *:*t*t::'i*?

;:::H, : ;it::"'* jilT: ;::il,i#l:*;if#4;t"ily;*Hdfi

'j,"#i*:t{

10.

CONFIDENTIALITY

l0.l

The Agency shalr not revear or

mak^e-pubric any financial or
other information
with the services, and/or the terms
ort'i,

other department /s

II.

cont.uit

an;;;;;;;;.rr".,

ofGoK or issue any publicity relating to

the same.

in

connection

of the clienr / any of rhe

FORCEMAJEURE

t::."'r-ho

_f,i..;.,,\
-.,(
. i.i-' ,''.j.
n
j.
\,.,i1
r:.
li
,.,
-'<i;'t4,,^
':r',1 S ,
-"
n).".-*'*ju'er:,,

Page 10 of 24

Force Majeure shall not include any events caused due to acts/omissions of such Party or result
fiom a breaclr./contravention of any of the terms of the Contract. It shall also not include any
default on the part of a Party due to its negligence or failure to implement the
stipulated/proposed precautions, as were required to be taken under the Contract.
11.2

The failure or occwrence of a delay in performance of any of the obligations of either party
shall constitute a Force Majeure event only where such failure or delay could not have
reasonably been foreseen or where despite the presence of adequate and stipulated safeguards
the failure to perform obligations has occurred. In such an event, the affected party shall inform
the other party in writing within five days of the occrurence of such event. The Client
will make the pa)rments due for Services rendered till the occurrence of Force Majeure.
However, any failure or lapse on the part of Agency performing any obligation as is necessary
and proper to negate the damage due to projected Force Majeure events or to mitigate the
damage that may be caused due to the abovementioned events or the failure to provide adequate
disaster management/recovery or any failure in setting up a contingency mechanism would not
constitute Force Majeure, as set out in this clause.

1.3

ln case of a Force Majeure the Parties will endeavor to agree on an altemate rnode of
performance in order to ensure the continuity of service and implementation of the obligations
of a party under the Contract and to minimize any adverse consequences ofForce Majeure.

1\ .4

For the purposes ofthis Contract, Force Majeure shall mean any act ofGod, act ofstate, natuml
or man-made disaster, riots, court order, or civil unrest.

12.

NOTICES

All

notices, requests, consents and other conmunication under this Contmct ('Notices") shall
be in writing and shall be (i) given in person, or (ii) sent by facsimile or electronic mail and
conhmed by sending through registered post or courier, or (iii) sent by registered post or
courier, with postage prepaid, to the address specified by a pany by prior written notibe. Any
notice delivered by facsimile or electronic mail will be deemed received the day it is sent. Any
notice or other communication sent by registered post or courier will be effective ofthe date of
the receipt.

RESOLUTION OF DISPUTES/ARBITRATION
(a) Amicable Settlement:

Performance of the Contract is governed by the terms and conditions of the Contract/RFP, in
case of dispute arises between the Parties to this Contract regarding any matter under the
Contract , either Party may send a written notice of dispute to the other Party. The Party
receiving the notice of dispute will consider the notice and respond to it in writing within 30
days after receipt. lf that party fails to respond within 30 days, or the dispute cannot be
amicably settled within 30 days following the response of that party, Arbitration clause shall
become applicable.

(b) Arbitration:

Page

tt

of 24

In the case ofdispute arising upon or in relation to or in connection with the contract
between
the client and the Agency which has not been settled amicably, in the first place
provided
as

under clause l3(a) above, be referred to the Principal Secretary (e-Governance).

Either party
may refer a dispute to the principal secretary (e-Govemance) after exhaustion of the
procedure provided in clause 13(a) above, who shall a give a decision in
writing within 30
days of reference of dispute. Either Party may refer a written decision of the principal

If

Secretary (e-Govemance) to arbitration.

neither party refers the disputes to arbitration

within 30 days of the date of such decision, principal Secretary (e-Govemance),s decision

will be final

and binding

[c]

In case, a dispute is referred to arbitration, the arbitration shall be under the Indian
Arbitration and conciliation Act, 1996 and any statutory modification or re-enacrmenr
thereof Such disputes shall be referred to

a sole arbitrator to be appointed by mutual consent

of both the Parties herein. If an Arbitrator cannot be appointed mutually then each party
shall appoint one Arbitrator and the two Arbitrators so appointed shall jointly appoint
a third
Arbitrator who shall serve
Conciliation Acl,

1996

as the presiding

Arbitrator. The provisions of the Arbitration and

will be applicable and the award

made there under shall be

final and

binding upon the Parties hereto.

(e)The Arbitration proceedings shalr be held in Bangalore and the language of

the

arbitration proceedings and that of all documents and communications between

the partres
shall be English.

(f) The

expenses of the arbitratoris

and the arbitration proceedings

as detemined by

the arbitrato/s shall be shared equally by the client and the Agency. However, the
expenses incuned by each party in connection with the preparation, presentation
shall be
bome by the party itself. Atl arbitration awards shall be in writing and shall state
the
reasons for the award.

(g) continuance ofthe contract: Notwithstanding the fact that settlement

ofdispute(s)
any) under arbitration may be pending, the parties hereto shall continue to be govemed

(if
by

and perform the work in accordance with the provisions under the Scope ofServices
as
specified under Annexure A to ensure continuity ofoperations.

(h) It is agreed that any dispute arising between

Agency shall be subject to the dispute

department(s) of GOK and the

this Contract. Further, all
Page L2 of 24

;,iT;:$'""ftff: il:'33f .
14. ruRISDICTION
14

the client under this contract shau

be available to any

orthe

AND GOVERNING LAW

This contract sha'be govemed by

and construed in accordance with
the laws ofl''dia.

14'2 Subject to the provisions ofclause

13 above, the courts having jurisdiction
under the provisions
of the Arbirration and conciliation A",
l6;;;;;;ne
all
the
mauers
which rhe coun rs
entitred to determine
Acq rncluding, *i hori ri-irr,ron, provision
under the provisions'*i]T
of section s or th""Luit rtion and conciliation of interim reriefs
Act, lgg6, shall
exclusively be the courts at Bengaluru,
India.

15.

SUSPENSIONOFWORK
The Agency shall, if ordered in writing
by the departmental representative, temporarily
the Services or any part thereof for "ani
; rli"p;"j"Ar) such a period and such a suspend
time as
ordered The Agencv shall not be entiileJ
;-"1;i;-;;.p."sation for any loss or damage
sustained by it by reason oftemporu.y
,r.p"nrion oi,n"J"_i"", as aforesaid.

16. LIQUIDATEDDAMAGES
16

Subject to clause for Force Majeure

if the bidder fairs to complete the inspection
before the
scheduled completion date or the
e*t"na"a aat. o.ri ar"n", repudiates
rhe contract belbre
completion of the work, the^-client
at its aiscreiron ma'y without prejudice
to any other right
or remedv avairable to the clienrunder
the
.
a
maximum
of 200/o (twenty
percent) of the project cost from
the Agency
irqrurla Damages (LD) This 20% itwenty
percent) wilr be sraggered or'"t
u p".ioi of ^
ar the rate of 4olo (four percent) per

c;;;;;;, ."**.
i (fi;i;;;;

162 The client/ any ofthe

othe-r department /s ofGoK may,

without prejudice to its righr ro affect
recovery by any other methcd, deduct
trr"
damages f.o. iny .un"y
belonging to Agency in
"-"*i-.i iiquidated
h.an:ds t*ru"ir ir"lri"r'ti"
.rgl,,
.r
the
tr
crient to ciaim
amount agarnst Agency's Bank Guarantee).
a"y s..r"r, .""o.,".y or liquidated damages shasuch
1n any way relieve the Agency from
not
any of iis obligations to comprete
the Services and/or
works or from anv othe. obliguiion.
-Jri"uiliii. ,"a??iie cont a"r.

17. PENALTY
and

activities for auditing the Eq,lp_:,,,

,"""J:ff:Tff|,! ,in,;:.
:ld ongoing perfomance
r, i.e * ii.i i
X1 f.1Hffi
l: ra c,penalties
:it ii ]j:, ;i fJ:
tmpose
i}ff i,'#ffi
on the" Agency
ai per",scheauie -o."^ ".llt'
n

B:X1#,X!I:

I8.

^:li::

rn"

conditions stipulated in the

any
of the conditions w'r entait
,;"l"r",ir"
,h" ;;;."t of the client/ any of the
other
or GoK with ,""r, p"nritir.-u.;;#;uj',,"
the bidding documenr and the

contract/RFP shall be strictl!. uohe..a

io
temination of rhe contract without prejudice
"J

RIGHT OF MONITORING, INSPECTION

AND
\/

\O

3kt\.2*tL\2
z\
t:9

u#,

Page 73 of

24

The client

reserves the right to inspect and monitor/assess the progress/performance

of
inspections/Services at any time during the course of the contract, aftei pr-oviding
du" noti"e io
lhe-Aqe1cv. -The client may demand and upon such demand being maa""ag"ncy ,rra[
no later than 3 (three) days provide the Clieit
o? r#, ;A;;
{ollyith i1l
department
/s of GoK with any document, data, material or any other information which it
may require to enable it to assess the progress ofthe project(s).

/ *y

li T{-**

18.2 The Client/ anyoithe otler deparknent ls ofGoK

shall also have the right to conduct,
either itself or tbrough another rhird party as it may deem fil, an audit ti monitor
the
performance by the Agency of its obligations/functions in accordance
with the standards
cornmitted {o
uorru'rlLeo
to or requ'ed
required by the
the c.hent
client / ary
anli of tro
the other deparrment
deparmeni /s of
oi. GoK
and the Agency
Asencv un{e-rtakes
undertakes to
fo cooperate
c.'oner2te with
rvith and
ond hr^.;,rr^ the
rr.- crient
/.ri^:l /| any
LL:::.,
provide
^. th"
^-,, of
to
oth;
1nd
department A of GoK /any other agency appointed by the client all documents
and other
,
details as may be required by them for this purpose. Any deviations or contravention
identified
as a result of such audit/assessment would need to be rectified by the
Agency failing which the
Client/ any of the otlier departmeat /s of GoK may without prejudice to any other rigtrts
that it
may have issue a notice ofdefault.

19.

GENERAL

19'l

The Agency would be required to liaison with the authorities for obtaining the
clearances,
permissions, consents for^the plrposes of this Contract. as directed by the
Cli-ent and/or any of
the olher departrnent /s of GoK, from time to time.

This Contract contains the entire understanding between the Parties wiih respect
to the subject
matter hereof, supersedes all previous agreements and understandings between the parties
with
respect thereto, and may not be modified except by an insfrument in writing
signed by the
Parties or their duly authorized representatives.

19

19.3 Save for express and specified waiver given in writing, no failure or delay on the part
ol any
Party in exercising any right hereunder shall operate as a waiver thereoi
19

4 If any provision

of this Contract/RFP or part thereof is rendered void, illegal or unenforceable

any legislation to which it is subject, it shall be rendered void, illegal-or unenforceable
to
that extent and it shall in no way affect or prejudice the enforceability of the
.".ulrri". ot
such provision or the other provisions of this contract/RFp. The invalidity, illegality
or
r.rnenforceability of any provision in this contract/RFp under the laws of any
orr" .luri.Ji"tion
shall not in itself affect the validity, legality and enforceability of such provisioni
under the
laws ofany ol her jurisdiction.
by

20.

REMEDIES

20

The Agency acknowledges that its Services are of the essence of this Contmct,
and that its
Services are unique, and special, the loss of which would not be adequately
i.,
damages in an action at law, and that Client therefore would be entitled to
"o.p"nrubl"
all available
remedres
at law and equity, in case ofa breach or threatened breach ofthis Contract.

20

hereby agrees and. confirms that the Agency shalr only be entitled to monerary
remedies in the event ofa breach or a threatened breach of this Contract by
the Client / any of
the other deparhnent is of GoiK and in no event exceeding the amounr of tle Fee *tr"rry pria
to the Agency by the ClienV any ofthe otherlepa
r department /s ofGoK under thrs Contract.

21.

The Agency

ASSIGNMENT
(D

Page L4 of

24

The^ Agency shall not assign or sublicense, in whore or

in part, its rights and obligations to
perform under the Contract to
?.iln-$ pu.ty_, except with th" prro. written consent from the
Se odibifu&ifi_ 7s:of .dbK-which has
inspection / audit job
9',"^"1.:1,*lt
"ntrosted
under
tbis contract.

&

21.2

22.

The. client may assign any of its rights and obligations under this
contract to any third pany,
without any restriction or hindrance

COIJNTERPART
This contract may be executed in one or more counterparts, each of which
shall be deemed to
be an original and all of which together shar constitute one and the same
instrument.

IN wTrNEss WHEREOF the

Parties have by duly authorized representatives set their respective

hands and seal on the date first above written in the presence of:

For and on behalf of the Client

For and on behalf of The Agency

Nisaki Technology Services

Center fof e-Govemance,
DPAR (e-Govemance),
MS Building, Gate -2 , Room No. 146,
Bangalore - 560 001
Kamataka

No.46, Park Road, , 2nd Main, l0,h Cross,

Wilson Garden,
Bangalore 560 027

KARNATAKA

Page 15 of 24

SCHEDI]LE A
SCOPE OF SER\'ICES

-Network^equlpmenT'
The scope of the work of this Contract include pre-shipment/posrshipment.irspecl"li:

;;;Jd*';;;

h.,tl&; i.-"tt,

cotpot"rs,

l11tni:::
"g:-Tl-:th:1

-Laptops,

p,o"*"d bv anv of the geqirynent-s.ott13 9:l:11^":l:f-:T::*"-l:

;;;J;;;
;;il;:h
locatid anv''rhere in India orthe :flj" p1"T:':.:ltl:1?'::-"*
ililt-; f;"-fi1*-i."'r.t"." located
anlvhere in the state of Kamataka/ outside the state of

;r6;;;;'"i-K;;i"k;
Kamataka

following IT components
The pre/post shipment inspection activity would be in respect of the
procured by various departments ofthe Govemment:

(l)

Desktop ComPuters
(2) Laptop ComPuters
(3) All-in-One ComPuters
(4) Servers

(s) KIOSK
(6) Network equipments
a.

b.
c.
d.

t
(7)

Managed switches
Router
Unmanaged switches
Hubs
Wireless controllers
Wireless access Points

LJPS

(8) Peripherals:
a. Printers:

(i) Dot Matrix Printer

(ii) tnkj et Printer

(iii) Laser Pnnter
(iv) Line Printer
(v) All-in-one Printer [MFP]
(vi) Passbook Printer
b. Scanner
c. Fingerprint devices
d. Time attendance/Biometrics/IRIS devices
The Agency shall follow Inspection methodology outlined here below'

-G""

1,
-'1.Preparation
^

by issuing
nti_ation from the any of the department(s)-of the Govemment of Kamataka
2 of
(as
per
Section
checklist
a purchase Order, the agenci shall prepare a deiailed inspection
Order
Purchase
the
on
based
this Schedule) in co-ordlnation with the department concemed
placed with the supplier, within 7 (seven) days'

ii.
-

by the
The Agency shall do necessary modifications 10 the.Inspection list as -suggested
and
and also obtain it's authorizatiott/clearance/approv3l/location detail
a"pu.tJ"nt
"oncemed
relevant information required before taking up the Inspection
u.ty srr"h other

iii.

The AgencY shall

ensure

of the
only
shall
inspection. The Client

lhat a representative from lhe

Govefirment and suPPlier ts present during the

facilitate the Process.

concerned department

Page L6 of

24

iv.

Before taking up the lnspection, the Agency shall ensure the following:

Pre-shipment Stag
The vendor/supplier has already conveyed to the department of GoK concemed that the
material to be supplied is ready for pre-shipment inspection.
ii) The department concemed of GoK has conveyed in writing authorizing them to take up
inspection ofthe material to be supplied by the vendor/supplier at vendor's location

i)

Post-Shipment Stase
i) The department concerned of Govemment of Kamataka has conveyed in writing stating
that the vendor/supplier has supplied the material at their office premises and take up
inspection ofthe same at their location.
Note: The inspection ofeach material shall be carried out irrespective ofthe value ofthe order.

v.

For UPS 100% inspection is required since UPS cannot be opened on-site. For all the other
components, inspection will be on sample/random basis (maximum ol l0%) as per the
Purchase Order to be issued under this Agreement. Pre-inspection of LIPS will involve
checking battery, transformer and other components for adherence to the specification as well

vi. All endeavors

must be made to contact the officials concerned and ascertain the availability
officials concemed at the site and also arrivaVinstallation of material.

vii.

of

The concemed department must provide vendor contact information along with bill of
materials. A copy of installation checklist, installation report and material report note must be
submitted to Agency prior to post delivery inspection.

viii.

The Agency shall upload inspection Report along with photos also, as per the timelines
specified by the Client Physical copies of the Reports shall be provided as per the requirement
of the Client

2. Tests to be covered

l. All items inspected should have a distinct /unique identification mark/number. Based on this
number the concemed deparlment of Govemment of Kamataka should be able to track the status
of the inspected material. The inspeclion Report/checklist to be prepared and submitted by the
Agency to the concemed department of Govemment of Kamataka should invariably mention the
same mark/number.

2.

a.

ln case of any rejection, the vendor/supplier shall mention the same as "Rejected" and the
shall be mentioned accordingly in the deviation section of the inspection Report/checklist.

PhysicaWisual Inspection of device

Accessories, documents and media

.
.
.
.

verification
Make and Model inspection
Tamper proof Seal inspection
Damage inspection
Visual inspection of devices and
interfaces

same

The above inspection must

ensure that the

shipment to be sent/received is in accordance with
the Bill of material fumished by the Client
Verifo that all products include the necessary
accessories as specified in the BOM and
accessories that are an integral part of the system
(power cords/connectors/user
supplied
manuals/Drivers etc).
The inspecting engineer will verify the make and
model of all products as specified in the BOM.
Any deviations in the same will add to the
exceptlon.

Visual inspection will be carried out to ensure that

the prcducts to be shipped are free from any
physical damage- The inspecting engineer will take

"--ffi."'*

adequate steps to collect evidence

rh- pn"i----t

,,ffi:

if

any damage Io

;",1-r-^t.'l

Page L7 of

24

Power-on inspection

I
,

Make Model and serial number

verification
Device Test verification

rne rnspecltng engineer will ensue that the

specification of the product complies with the
Client 's BOM by performing i power on self

POST success test

test (POST).

POST

will provide the actual configuration of

the

system/device supplied.

Any deviations from the actual specifications will

add to the exception.

The engineer will also verifo thar the make/model

and serial no of lhe device matches the shipment

Software media inspection

License verification
Syslem configuration verification

details &

BOM (make& model

wl

venfy thar the system is inslalled with

the OS and application software as mentioned in
theBOM.
Software license test by tools like Amidiae. pC
tools. Qaplus and other similar applications.
Diagnostic software will be installed in each of the
system (desktops, laptops and servers) to verifu
the
r

rus {esl

Pre-inspection of WS witt invotve-Eecking

battery, transformer and other components fbr
adherence to the specification as well
3. Report

The original Report (both hard and soli copy) should

be senl to the concerned

department
Govemment' The Report shalr contain the following sections
for each inspected component:

l.

of

Defect

a. Accepted
' This result will conclude the equipment is fit to use and will pass all the tests performed
b. Major Defect
. Product failing to meet the contractual requirement
for product safety.
'. The product may be inoperative, or does not operate well, or any function is inoperative.
The accessory parts essential for operation is missing.

c.
.

Minor Defect

Components or issues that do not necessarily impact

the nomal usage of the user. e.g.
Product manuals or user manuals and other accessori",
uaa *ra,arg.

d. Incidental Defect
. Product is dirty/dusty,

packaging damaged, however the product passes

all the physical

and power on tests. The product can be aicepted.

2.

Evidences

3.

D'eviations
a The inspector shall not accept any deviation in the specirication ofthe materials.
b. Any unanticipated exceptions shall be clearly outli
deviation report. Any
damages occurring during the process ofi
as defect

a. Photogaphic evidence of damage

b. Software report output
c. Reports submitted in the accepted format

and not

Page 18 of 24

c.
ta

a deviation.

Sometimes the supplier might provide a higher product than mentioned in the purchase
order due to company's internal reasons. Though the product is superior to t}te one
requested, the inspection Agency has to mark this product as an exception and clearly
mention in the deviation report.

Note: In special cases the Agency must be able to take up and complete the Inspection within 2
working clays based on priority fixed by the department concemed.

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Page

t9 of 24

Schedule B

Personnel
The table below mentions the minimum qualification and the responsibilities
of the manpower to be
deployed in the place of inspection dep".tding oo req.,irement during

the contract period. ihe ,ru-be.

of?ersonnel deployable depends. on the scale of the project. For allihe projects
ttiough, theie stratt be
only one project manager who is responsible to overlook the whole operation
und:u.t, u. u .i.rgt"
point contact to THE CLIENT

. Minimum Qualification of

Proj ect

Manager

will be the overall in-charge of

the team on-site. He will ensure
that all the deliverables are rn
withMBA.
accordance with the specifications
Minimum 5 years of experience in stated in the contract agreement
IT.
and completed on time. He will be
Good Communication & Soft responsible for the quality of work
Skills.
produced by his team members. He
Ability to handle Team
will report to the THE CLIENT
Good exposure in MIS Generation on the progress ofthe assignment.

.
'
.
.

tools
Good knowledge of working skills
in Excel, reconcile different lists.

.
Inspection
Engineer

He

Craduate in Science, Electronics or

Electrical Engineering, preferably

'
.
'

Diploma or higher in Electronics, For lnspecrion of all IT

IT, Computer Science, Electrical components as specified in the
Engineering or Hardware & checklist.
Networking.
Minimum of2 years of expenence
in IT Services
Good Communication & Soft
Skills.

Network
Specialist

For Inspection of all Network

componenls including fibers and
cables as specified in the checklisr.

'

Good Communication & Sofl

Skills.
Knowledge
of network
connectivity,
protocols,
network security devices,
network tlpes, including
wireless, fiber optic or Cat5,
and cornmon operating
systems, such as Windows &

expenence or

course

attendance

Minimum

of I years

/:\

of

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Page 20

of 24

Server
Specialist

. Diploma or higher in For Inspection of all Server

Electrical, Electronics, hardware and softwme components
Computer Science, IT

Engineering

with 1

as specified

in the checklist.

yeat

experience in IT services

OR
Science graduate with 2 years
of relevant experience in IT
Services

. Experience

irstalling,
configuring, and supporting a
server environment (Windows,

.
Desktop
Specialist

Linux, etc)
Certifications relevant to job
like MCSElRedhat is a must

. Diploma or higher rn
Electrical, Electronics,
Computer Science,
Engineering

with 1

For Inspection of all desktop and

laptop computers, printerc, and
IT other peripherals components as

year

soecified in the checklist.

experience in IT services

OR
Science graduate with one year

of

relevant experience

in IT

Services

MCSE/Redhat

certification

preferred.

UPS

Engineer

m
' Diploma
Electrical/Electronics or
higher or
B.Sc
ElectricaYElectronics
. Minimum of 1 years of

For Inspection of any UPS

as

specified in the checklist.

experience in Service/Support
of UPS/Inverter.

u/,
$:,i,d

Page 27

ol24

Schedule C
Rates /Charges payable [All inclusive

- including

Service Taxl

[Amount in Rs.]

Desktops/AIO

200

400

300

2.

Laptops

250

300

300

J.

Servers

400

450

400

4.

KIOSK

400

500

350

Manased switches

125

22s

150

6.

Router

125

22s

150

7.

Unmanaged Switches

125

225

150

8.

Hubs

125

225

150

9.

UPS

250

400

300

10.

Printer

150

250

250

l1

Scarmer

125

12.

Fingerprint devices
Time attendance/Biometrics

100

250
250

125

250
250
225

750

1000

500

.'.

250

devices

14.

Network Infrastructure
installation including cabling.

Page 22 of

24

Schedule D
Service Level Agreements

1.1

Definitions

1.1.1

"Response time" shall mean the time taken from the e-mail/faxlphone call sent by the Client
/any of the other department(s)of GoK in order to place an Inspection order to the time taken
by the Inspector to acknowledge the receipt ofthe order through e-maiVfax.

1.t.2

"Receipt oflnspection call" shall mean the time when the acknowledgement ofthe Inspection
order was sent to concemed department(s).

1.1.3

"Checklist finalization" shall mean the time when the Client /any other department(s) ofGoK
has approved the Checklist

7.7.4

"Site Finalization" shall mean the time when the necessary site approvals and clearances have
been approved. This also includes that the necessary representative from the customer and
supplier is also finalized.

1,2

Penalties

Time

taken

to

respond/acknowledge

lnspection requests from

the department

Less than 24hrs ( before request

time next working day) from A Penalty ofRs 1000/- per working
the time the fax or email sent by
the department

day

of

delay

Checklist Preparation

Time taken to prepare the Within 48hrs ( by end of 2'd A Penalty ofRs
Working day) from the receipt
checklist
day

of lnspection call

Time taken to inspect IT

components in Bengaluru
and submission of the
Report to the department.

.romponents

outside

of the Report to

the

1000 /- per

working

delay

Reporl Submission should be A Penalty of Rs l00f per IT

within 4 working days after the component for every working day
completion of assignment

ofdelay

Time taken to inspect IT

llengaluru and submission

of

Report Submission should be

within 10 working days al1er
the completion of assigment

dcpartment

Penalty

of Rs

100/- per IT

component for every working day

of delay

ffi .N
Page 23

,,"'

- l,il!F{;l;.,
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ll"

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of 24

In special cases' as intimated by the client, the Agency must be able to take up and complete
the
Project within 2 working days based on priority fixed by the department concemed.

Page 24 of

24