Request for Proposal (RFP) For - National E-Governance...

RFP for Installation, Commissioning and Maintenance of LMS under CB-II

National e-Governance Division (NeGD) Page 1 of 81

Request for Proposal (RFP)

For

Installation, Commissioning and Maintenance

of

Learning Management System (LMS)

Under

Capacity Building (CB) Scheme Phase II

RFP No. NeGD/12-16/2015



TABLE OF CONTENTS

ABBREVIATIONS........................................................................................................................................................................... 6

1. INVITATION FOR BIDS ........................................................................................................................................................ 7

1.1. RFP NOTICE ..................................................................................................................................................................... 7

2. CRITICAL INFORMATION ................................................................................................................................................... 7

3. INTRODUCTION .................................................................................................................................................................... 9

3.1. PROGRAM BACKGROUND ............................................................................................................................................ 9

3.2. ABOUT NEGD & CAPACITY BUILDING PHASE II (CB-II) SCHEME ........................................................................ 9

4. LEARNING MANAGEMENT SYSTEM (LMS) .................................................................................................................. 10

4.1. PROJECT INTRODUCTION .......................................................................................................................................... 10

4.2. PROJECT OBJECTIVE .................................................................................................................................................. 10

4.3. KEY OUTCOMES EXPECTED THROUGH LMS ......................................................................................................... 10

4.4. LMS ECOSYSTEMS AND STAKEHOLDERS ............................................................................................................. 12

4.5. SCOPE OF WORK .......................................................................................................................................................... 14

4.5.1. DI LMS PORTAL FEATURES ....................................................................................................................................... 19

4.5.1.1. FUNCTIONAL REQUIREMENTS.............................................................................................................................. 19

4.5.1.2. TECHNICAL REQUIREMENTS ................................................................................................................................ 20

4.5.2. TRAINING MANAGEMENT MODULE .......................................................................................................................... 20


4.5.3. CONTENT MANAGEMENT MODULE .......................................................................................................................... 21



4.5.4. AUTHORING MODULE .................................................................................................................................................. 22



4.5.5. ONLINE ASSESSMENT MODULE ............................................................................................................................... 23



4.5.6. OTHER REQUIREMENTS ............................................................................................................................................. 23


4.5.6.1.1. SELF-REGISTRATION / NOMINATIONS............................................................................................................ 23

4.5.6.1.2. REGISTRATION VERIFICATION AND AUTHORIZATION ............................................................................... 24

4.5.6.1.3. CERTIFICATE ISSUE ............................................................................................................................................ 24

4.5.6.1.4. COMMUNICATION ................................................................................................................................................ 24

4.5.6.1.5. TRAINING NEEDS ANALYSIS ............................................................................................................................. 25



4.5.6.1.6. REPORTING ........................................................................................................................................................... 25

4.5.6.1.7. RECORD KEEPING ............................................................................................................................................... 25

4.5.6.1.8. USER – SURVEYS ................................................................................................................................................ 25


4.5.6.2.1. GUI INTERFACE .................................................................................................................................................... 25

4.5.6.2.2. INTEGRATION WITH OTHER SYSTEMS ........................................................................................................... 26

4.5.6.2.3. SCALABILITY ........................................................................................................................................................ 26

4.5.6.2.4. SECURITY .............................................................................................................................................................. 26

4.5.6.2.5. SOFTWARE LICENSES ....................................................................................................................................... 26

4.5.6.2.6. SOLUTION ARCHITECTURE AND MODEL FOR HOSTING THE TECHNOLOGY AND

INFRASTRUCTURE ..................................................................................................................................................................... 26

4.5.6.2.7. COMPATIBILITY .................................................................................................................................................... 27

4.5.6.2.8. CONFIGURATION AND BRANDING .................................................................................................................. 27

4.5.6.2.9. ADMINISTRATION AND ACCESS MANAGEMENT .......................................................................................... 27

4.5.6.2.10. AVAILABILITY ....................................................................................................................................................... 27

4.5.7. SERVICE EXPECTATIONS ........................................................................................................................................... 27

4.5.7.1. PROJECT INITIATION ............................................................................................................................................... 27

4.5.7.2. PROJECT IMPLEMENTATION ................................................................................................................................. 28

4.5.7.3. OPERATIONS, MAINTENANCE, MONITORING AND CONTROL - TILL THE PROJECT PERIOD (MARCH

2017) 28

4.5.7.4. SUBMIT INTERNAL AUDIT REPORTS PERIODICALLY (EVERY QUARTER) ON THE PROJECT

PROGRESS .................................................................................................................................................................................. 28

4.5.7.5. EXIT PLAN AND HAND OVER THE PROJECT IN ACCORDANCE WITH THE PLAN. .................................... 29

4.5.7.6. DELIVERABLES ........................................................................................................................................................ 29

4.5.7.7. HELP DESK SUPPORT - DEFINITIONS ................................................................................................................. 30

5. ELIGIBILITY CRITERIA ...................................................................................................................................................... 31

5.1. GENERAL ELIGIBILITY ................................................................................................................................................. 31

5.2. PRE-QUALIFICATION CRITERIA ................................................................................................................................. 31

6. INSTRUCTIONS TO BIDDERS .......................................................................................................................................... 33

6.1. BID SUBMISSION ........................................................................................................................................................... 33

6.2. COST OF RFP ................................................................................................................................................................. 34

6.3. TRANSFER OF RFP ....................................................................................................................................................... 34

6.4. BID RESPONSE .............................................................................................................................................................. 34

6.5. PROPOSAL PREPARATION COSTS .......................................................................................................................... 35

6.6. SIGNING OF COMMUNICATION TO NEGD................................................................................................................ 35

6.7. BIDDER INQUIRIES AND NEGD RESPONSES ......................................................................................................... 35

6.8. AMENDMENT OF RFP DOCUMENT ............................................................................................................................ 35



6.9. SUPPLEMENTAL INFORMATION TO THE RFP ........................................................................................................ 36

6.10. NEGD’S RIGHT TO MODIFY SUBMISSION DEADLINE ........................................................................................... 36

6.11. NEGD’S RIGHT TO TERMINATE THE PROCESS ..................................................................................................... 36

6.12. EARNEST MONEY DEPOSIT (EMD)............................................................................................................................ 36

6.13. AUTHENTICATION OF BID ........................................................................................................................................... 37

6.14. VALIDATION OF INTERLINEATIONS IN BID ............................................................................................................. 37

6.15. LANGUAGE OF BIDS .................................................................................................................................................... 37

6.16. DOCUMENTS COMPRISING THE BID ........................................................................................................................ 37

6.17. PERIOD AND VALIDITY OF BIDS ................................................................................................................................ 38

6.18. PROPOSAL OWNERSHIP ............................................................................................................................................. 38

7. THE BID PROCESS ............................................................................................................................................................ 39

7.1. PRE-BID CONFERENCE ............................................................................................................................................... 39

7.2. TENDER EVALUATION COMMITTEE ......................................................................................................................... 39

7.3. OPENING OF BIDS ........................................................................................................................................................ 39

7.4. NEGOTIATIONS, CONTRACT FINALIZATION AND AWARD .................................................................................. 40

7.5. AWARD CRITERIA ......................................................................................................................................................... 40

7.6. NEGD RIGHTS TO ACCEPT / REJECT ANY OR ALL PROPOSALS ...................................................................... 40

8. EVALUATION PROCESS ................................................................................................................................................... 41

8.1. OVERALL BID EVALUATION ....................................................................................................................................... 41

8.2. EVALUATION OF BIDS ................................................................................................................................................. 41

8.3. TECHNICAL BID EVALUATION ................................................................................................................................... 42

8.4. FINANCIAL BID EVALUATION ..................................................................................................................................... 44

8.5. FINAL EVALUATION OF THE BID ............................................................................................................................... 44

9. SELECTION PROCEDURE ................................................................................................................................................ 45

9.1. NOTIFICATION OF AWARD OF CONTRACT ............................................................................................................. 45

9.2. SIGNING OF CONTRACT .............................................................................................................................................. 45

9.3. PERFORMANCE BANK GUARANTEE........................................................................................................................ 46

9.4. MISCELLANEOUS TERMS & CONDITIONS .............................................................................................................. 46

9.5. FAILURE TO AGREE WITH THE TERMS & CONDITIONS OF THE RFP ............................................................... 47

9.6. AGREEMENT .................................................................................................................................................................. 47

9.7. INDEMNITY ..................................................................................................................................................................... 47

9.8. FORCE MAJEURE ......................................................................................................................................................... 48

10. GENERAL CONDITIONS OF CONTRACT (GCC) ........................................................................................................... 50

10.1. FRAUD AND CORRUPTION ......................................................................................................................................... 50

10.2. CONFIDENTIALITY ........................................................................................................................................................ 50



10.3. APPLICABLE LAW ........................................................................................................................................................ 51

10.4. RESOLUTION OF DISPUTES ....................................................................................................................................... 51

10.4.1. AMICABLE SETTLEMENT ....................................................................................................................................... 51

10.4.2. ARBITRATION ............................................................................................................................................................ 51

10.5. JURISDICTION OF COURTS ........................................................................................................................................ 52

10.6. TERMINATION / WITHDRAWAL .................................................................................................................................. 52

10.7. BINDING CLAUSE .......................................................................................................................................................... 53

10.8. BIDDER’S INTEGRITY ................................................................................................................................................... 53

10.9. BIDDER’S OBLIGATIONS ............................................................................................................................................. 53

10.10. PENALTY .................................................................................................................................................................... 53

10.11. SLA AND OPERATIONAL PENALTIES .................................................................................................................. 54

10.12. WORKING HOURS / DAYS....................................................................................................................................... 58

10.13. APPROVAL / CLEARANCES ................................................................................................................................... 58

11. PAYMENT TERMS .............................................................................................................................................................. 59

12. EXTENSION OF CONTRACT ............................................................................................................................................ 62

12.1. CHANGE ORDERS ......................................................................................................................................................... 62

12.2. KNOWLEDGE TRANSFER & EXIT MANAGEMENT .................................................................................................. 62

12.2.1. KNOWLEDGE TRANSFER ....................................................................................................................................... 62

12.2.2. COOPERATION AND PROVISION OF INFORMATION ........................................................................................ 63

12.2.3. CONFIDENTIAL INFORMATION .............................................................................................................................. 63

12.2.4. TRANSFER OF CERTAIN AGREEMENTS ............................................................................................................. 64

12.2.5. GENERAL OBLIGATIONS OF BIDDER .................................................................................................................. 64

12.2.6. EXIT MANAGEMENT ................................................................................................................................................. 64

12.3. BANKRUPTCY AND INSOLVENCY ............................................................................................................................. 67

13. ONLY ONE APPLICATION ................................................................................................................................................ 67

14. DISCLAIMER ....................................................................................................................................................................... 68

ANNEXURE-I: DECLARATION (ON THE RESPONDENT’S LETTER HEAD) ...................................................................... 69

ANNEXURE-II: COVERING LETTER WITH THE PROPOSAL IN RESPONSE TO RFP NOTICE ...................................... 70

ANNEXURE-III: DETAILS OF THE RESPONDING FIRM ........................................................................................................ 72

ANNEXURE-IV: FINANCIAL INFORMATION SUMMARY ....................................................................................................... 74

ANNEXURE-V: CURRICULUM VITAE (CV) FOR PROPOSED PROFESSIONAL STAFF* TEMPLATE ........................... 75

ANNEXURE-VI: FINANCIAL PROPOSAL COVERING LETTER ............................................................................................ 78

ANNEXURE-VII: FORMAT OF SENDING PRE-BID QUERIES ............................................................................................... 81



Abbreviations

MMP Mission Mode Project NE North East

GPR Government Process Re-engineering DONER Development of North East Region

LMS Learning Management System NEC North Eastern Council

KMS Knowledge Management System SRS System Requirement Specifications

NeGD* National e-Governance Division SDS System Design Specifications

CB Capacity Building STQC Standardization Testing and Quality Certification

eGCF e-Governance Competency Framework SOP Standard Operating Procedures

UAT User Acceptance Testing SLA Service Level Agreement

PAN Permanent Account Number GIGW Guidelines for Indian Government Websites

QCBS Quality and Cost Based Selection

SCSP Scheduled Caste Sub Plan

TSP Tribal Sub Plan

SI System Integrator

EMD Earnest Money Deposit

PBG Performance Bank Guarantee

CD Compact Disc

CV Curriculum Vitae

ES Evaluation Score

MSA Master Service Agreement

* NeGD: The Department of Electronics and Information Technology, Government of India has formed the

National e-Governance Division (NeGD) as an autonomous business division within Media Lab Asia, under the

Ministry of Communication and Information Technology, Government of India, for supporting and assisting

Department of Electronics and Information Technology in the Program Management of NeGP (e-Kranti) and

supporting Digital India Program.



1. Invitation for Bids

1.1. RFP notice

This RFP document invites detailed bid proposals from the interested parties (bidders) to submit their

pre-qualification criteria, technical and financial offers for installation, commissioning and maintenance

till March, 2017 in accordance with the conditions and manner prescribed in this RFP document.

Bidder agencies are advised to study this RFP document carefully before submitting their proposals in

response to the RFP notice. Submission of a proposal in response to this notice shall be deemed to have

been done after careful study and examination of this document with full understanding of its terms,

conditions and implications.

Bidder agencies are requested to attend a pre-bid conference on 28-March-2016.

2. Critical Information

S. No Information Details

1. Bid inviting authority NeGD

2. RFP No. and Date NeGD/12-16/2015 dated 4-March-2016

3. Last date for submission of written queries for clarifications

23-March-2016 at 03:00 p.m.

Email : [email protected]

4. Cost of RFP document The cost of RFP is ZERO.

5. Earnest Money Deposit (EMD) ₹ 20,00,000/- (₹ Twenty lakhs) in the form of Demand Draft or Fixed Deposit Receipt (valid for a period of one year) from Nationalized/ Scheduled bank in favor of: Media Lab Asia - NeGD, payable at New Delhi. OR Bank Guarantee from Nationalized/Scheduled bank in acceptable form valid for a period of 1 year.

6. Date of pre-bid conference 28-March-2016 at 03:00 PM (Request you to kindly intimate us on your participation via mail by 23-March-2016 at 03:00 p.m)

7. Release of response to clarifications and issuance of corrigendum

5-April-2016 at 02:00 PM



S. No Information Details

8. Last date of purchasing/downloading RFP

11-April-2016

9. Bid Validity Period 120 days from the last date (deadline) for submission of proposals

10. Last date (deadline) for submission of Bids

12-April-2016 up to 03:00 PM

11. Opening of Technical Bids 13-April-2016 at 11:00 AM

12. Technical presentation by bidders (For bidders qualifying pre-qualification criteria only)

Technical presentation will begin on 13-April-

2016 at 11:30 AM in alphabetical order of bidder name. Each bidder will be given ½ hour slot to present.

13. Opening of Financial Bids 18-April-2016 at 02:30 PM

14. Contact Person for queries Shilohu Rao N J P General Manager – Capacity Building, NeGD – 4th Floor Electronics Niketan, Department of Information Technology 6, CGO Complex, New Delhi Phone : :+91-11-30481621 (10:00 AM to 4:00 PM) Email :[email protected]

15. Addressee and Address at which proposal in response to RFP notice is to be submitted:

Smt. Caralyn K Deshmukh, Chief Operating Officer and Director (CB), NeGD, Electronics Niketan, Department of Information Technology 6, CGO Complex, New Delhi Phone :+91-11-30481652 Email : [email protected]

16. Deadline/ last date for furnishing performance security

Within 15 days from the date of issue of Work Order.

17. Performance security value (Performance Bank Guarantee)

10% of the quoted amount in the form of Bank Guarantee (from Nationalized/ Scheduled Banks only)

18. Performance security validity period Valid till Mar’ 2017

19. Deadline / last date for signing agreement

Within 15 days of receipt of the Work Order

mailto:[email protected]



3. Introduction

3.1. Program Background

Approved by the Government of India, Digital India is an ambitious program to ‘transform India into a

digitally Empowered society and Knowledge economy’, the focus is on being transformative to realize IT

(Indian Talent) + IT( Information technology) = IT( India Tomorrow). The program aims to benefit every

section and sector of the country by creating an ecosystem for delivery of user centric and qualitative

Digital Services. It is an umbrella program which envisages taking together both the Government and the

private sector on a fantastic journey of creating Digital India. It is an Umbrella Program that covers

multiple Government Ministries and Departments. It weaves together a large number of ideas and

thoughts into a single, comprehensive vision so that each of them is seen as part of a larger goal.

This shift requires considerable enhancement of capacities for visualizing, conceiving and delivering

projects aimed at transforming existing systems. This requires knowledge of domain as well as technical

and techno-commercial-legal capabilities in different levels of government officials. Above all, it requires

a basic change in the outlook and functioning of government, so that it becomes citizen-centric rather

than process-centric. Moreover, the implementation of numerous e-Governance projects in the country

requires specialized professionals who have requisite skills and knowledge in respective areas. With

various MMPs in different stages of planning and implementation, various levels of government officials

are involved in different e-Governance projects and they require a deeper understanding of various

components to enable them perform more effectively.

3.2. About NeGD & Capacity Building Phase II (CB-II) Scheme

NeGD is the Central Agency for implementation of Capacity Building Scheme which is aimed at providing

technical and professional support to Centre/State/UTs Government at policy and decision making levels

and to develop specialized skills for e-Governance. In addition to this Scheme, NeGD has taken up other

initiatives to strengthen North Eastern States and targeted training programme for SC & ST officers

serving under TSP and SCSP areas.

In order to meet the objective of Capacity Building for Digital India in a limited time and building

capacities at this magnitude can only be done by leveraging technology, conduct role based skill building

(e-Governance Competency Framework) and building partnerships with training institutes, industry,

venerable individuals and academia.



At the State/UT level, Secretary of the respective State IT Department (or any other department

nominated by the State government) will be responsible for implementing the proposed Capacity

Building scheme Phase II. NeGD will co-ordinate at the central level.

4. Learning Management System (LMS)

4.1. Project Introduction

The LMS would enable continuous learning, driven by role-based knowledge and skills as envisaged in

the e-Governance Competency Framework. A competency-based training approach will give e-

Governance practitioners an understanding of what skills and knowledge are needed for their job and

where exactly they are on a training track.

LMS is a tool that allows efficient administration of training by bringing together learners/trainees and

content in an environment which allows flexible learning and regular content update at a lesser cost.

4.2. Project Objective

To ensure access, reach, scalability and flexibility of learning across pan India for Govt. officials. One of

the key defining elements central to the success of any institution is to ensure an involvement of

continual learning. To foster such a practice at an institutional level at NeGD and at the MMP

departments, it is imperative to use technology in such a way that learning and knowledge exchange

becomes a normal engagement without external interventions.

4.3. Key Outcomes expected through LMS

1) Accessibility of good quality standard e-Governance learning modules anytime, anywhere for all

government officials

2) Learning path to be defined based on e-Governance Competency Framework (e-GCF).

3) Integration of e-Governance Competency Framework to be done in the LMS to achieve competency

based training

4) The LMS would, at the minimum, be a one-stop shop for all kinds of content, related to Self-learning,

Blended learning, etc. on e-Governance related topics, e-Reading material, PPTs, Assignments,

Videos, Games, Quizzes, etc.

5) Certificate of completion/merit/proficiency, etc. on the courses offered on the LMS

6) Multi-user platform for learners/trainees, mentors, teachers, administration, etc.

7) Provide a wide variety of periodic reports





4.4. LMS Ecosystems and Stakeholders

The following is the ecosystem envisaged for LMS

Roles and responsibilities of the different stakeholders

SL No. Roles Responsibility

1. NeGD • To provide vision & strategy for implementation of LMS

• Provide scope & functionality required for LMS

• Help with internal approvals as required

• Periodical audits and reviews

• Provide guidance to the other stakeholders during the LMS

implementation

2. LMS Advisory

Committee

• Provide guidance with regard to the strategic inputs at the policy

level for LMS implementation

• Provide guidance with regard to decision on extent and scope of the

LMS



• Vet and validate the proposal and detailed specification of the

proposed LMS

• Review and monitor the LMS implementation progress from time to

time and provide guidance as to changes needed if at all

3. Content Task

Force

• Validation of the content based on the inputs received from the

content development agency

• Review and provide suggestions to improve the content

• Support for new content / theme generation

• Provide inputs over the new areas of curriculum

4. System Integrator

(SI) for LMS

• Implement the solution as per RFP (Request for proposal) & scope

requirements of LMS

• Support in integration with the existing as well as proposed systems

(HRMS, PMS, KMS etc. as applicable)

• Deployment & go-live of LMS system

• Support over any defect fixing/ bug fixing as required during LMS

implementation

• Provide services as per the defined SLA (Service Legal Agreement) in

the RFP

• Provide customization as and when required

• Provide sufficient resources & technical support during operations &

maintenance phase

• Provide options for both online as well as offline trainings &

coordinate with Content Development Agency as required

5. Content Development Agency

• Provide contents for the LMS system • Modify the content based on suggestions and inputs provided by

Content Task Force/Content reviewer-SME • Obtain feedback & make necessary changes in the content as

required and share with the SI • Take the feedback from NeGD as well as training partners for

necessary content improvement

6. Training Agency

• Provide trainings as required through LMS • Support in virtual classrooms via LMS • Provide necessary feedback for content development agency & SI for

continuous improvement of training programs



7. NeGD Technical Team & (Project Management Unit) PMU

• Technical team of NeGD to monitor the implementation of LMS as per the project plan shared

• Highlight the deviation to the NeGD management as required • Coordinate between all the agencies for effective & efficient LMS

implementation • Liaison with all the relevant stakeholders as required • Report the status to NeGD as per the predefined frequency

8 Govt. Officials (Users)

• Users are expected to register themselves in the system • Users are to undergo the trainings as envisaged by their superiors in

terms of their skill requirements

9 Supervisors / Personal Learning Managers

• Supervisors/Personal Learning Managers are required to map the skill set requirements in e-GCF and accordingly plot the training requirements of their juniors or team members

• Supervisors/Personal Learning Managers are required to periodically check and assess the performance of their juniors / team members

4.5. Scope of Work

• LMS is a system envisaged to facilitate/enable continuous learning driven by role-based knowledge and

skills as outlined in the e-Governance Competency Framework.

• LMS to allow efficient administration of training by bringing together trainees / learners and content in

an environment which allows flexible learning and regular content update at an affordable cost.

• Initially, LMS is targeted to be rolled out to 1.5 lakh govt. officials across pan India and LMS shall have

provisions for further scaling up.

Objectives and Expectations from the LMS:

Manage learning more effectively: All Learning activities will be contained within one location

and thus reduce efforts and costs, while also creating greater scope for learning opportunities.

Improve compliance reporting: The LMS can track the courses taken by various government

officials and the scores or modules they receive or complete respectively, allowing the

management to focus on steps that can be taken for the betterment of training and identify the

needs for certifications.



Combine formal and informal learning for an increased overall value: Learning and learning

retention is accelerated through the integration of an online method of study and allows officials

to go at their own pace.

Empower administration: The management will become more informed of what the learning

employees participate in and what topics need greater focus in creating well-rounded employees

Improve content delivery: Instructors can more easily prepare and present quality courses that

will act as positive learning opportunities for course participants.

Expectations from LMS The following are the expectations from LMS in terms of its functioning:

a) Target User Base: LMS is a system targeted at all Govt. officials pan-India. The current implementation

is targeted at 1.5 lakh users to start with and aimed at around 1000 concurrent connections.

b) Alignment with e-GCF: LMS is to be aligned as per the functionality requirement of e-GCF and the job

roles, skill sets etc.

c) LMS is expected to provide a platform for all government officials located pan-India to undergo their e-

learning after matching their job-role / skillset requirements as defined in e-GCF.



This project envisages the Installation, Commissioning and Maintenance of an integrated Learning

Management System (LMS) for NeGD. This LMS solution shall be implemented based on managed cloud

based hosting model over a dedicated instance. The data shall reside in India premises, i.e No Data

Center shall be clustered outside India. A broad workflow of the overall functioning of LMS is as follows:



User Registration

Training / Learning Allotment



Training Management

Content Management (Creation / Update)



Each of the tracks will have their own detailed workflows. LMS implementation agency is expected to

design and share a detailed workflow for each of the modules/processes in the LMS system and obtain

NeGD sign-off over the same.

The broad indicative components suggested to be part of this LMS system, but not limited to, are as

follows

1) Digital India (DI) LMS Portal

2) Training Management

3) Content Management

4) Authoring

5) Other Functionalities (including Registration, Virtual Learning, Security etc.)

6) Online Assessment

7) Any Others

The LMS solution shall be implemented keeping in mind the roles and competencies defined as per the e-Governance Competency Framework (e-GCF) and any other e-Governance training requirements. As per DeitY (Government of India) policy, preference shall be given Open Source Software (OSS), however, NeGD is open for both Closed Source Software (CSS) and Open Source Software (OSS). The Bidder shall provide justification of exclusion of OSS in their response as the case may be. NeGD will decide by comparing both OSS and CSS options with respect to capability, strategic control, scalability, security, life time costs and support requirements.

The following are the minimum features along with scope and functionality expected from the LMS solution being implemented by the LMS vendor.

4.5.1. DI LMS Portal Features

4.5.1.1. Functional Requirements

1) The system should support a single sign-on to access the entire functionality of the system.

2) There should be an integrated portal for access to Learning Materials, Threaded Discussion

Groups, Online Notice Board, Synchronous Collaboration (Chat, Whiteboard), Arrangement /

Personalization of the portal etc.

3) The portal should support exhaustive search of learning materials, discussion forums, notices,

learner notes, etc.



4) The portal should be customizable for various visual designs as per NeGD requirements.

5) The portal should provide a Personal Learning Manager with support for Personal Learning

Calendar, Notes Manager, etc.

4.5.1.2. Technical Requirements

1) The Portal server should be platform independent, i.e., it should work on multiple operating

system (e.g., Windows, Linux, Solaris, iOS). The same should also be mobile compliant.

2) The Portal should be fully browser based and should not require any client side software

installation.

3) LMS shall be browser independent, ie LMS shall function on all the popular browsers. For eg.

Chrome, Internet Explorer, Mozilla etc.

4.5.2. Training Management Module


1) The system should be a single point of entry for the entire training and skill management

function. It should facilitate tracking and management of training events, automated collection,

analysis, and interpretation of training data.

2) The system should support management of all types of learning events, i.e., standard instructor-

led courses, e-learning courses, seminars, workshops, conferences, webinars etc.

3) The system should make it easy to define hierarchical training catalogues with support for

multiple catalogues.

4) The system should support scheduling of any type of resource: Instructor, Classroom, Equipment,

Training Agency, Content Development Agency etc.

5) The system should enable administrators to setup "Work Groups" that streamline the training

scheduling, tracking and update process. The Work Groups can be used to group training

requirements by job function, work location, common requirements or other similarities.

6) The system should enable the user to define skill families and skills, define custom competency

models for the skills, and combine skills with desired competency levels to define skill profiles

and associate skill profiles with job roles.

7) The system should support creating an Employee Skill Inventory. This repository should help in

generating employee skill gap reports, understanding competency distributions in the

organization, understand training requirements, help locate right candidates for jobs, enable

better succession planning, etc.

8) The system should support multiple organizations like Training Agencies, Content Development

Agencies, NeGD officials (administrators as well as committee members) etc. based on the NeGD

requirements.

9) LMS should have an option to provide credits to the Users upon completion of the trainings.

10) User’s reporting manager should be in a position to monitor the progress, learnings and credits

of her/his Reportees to provide continuous guidance for their capacity building.



11) LMS shall be intelligent enough to identify the proxy trainees and suggest remedies.

12) Online Webinars: There should be option for conducting online webinars for select trainings.

Discussion Forums: There should be functionality for introduction and discussion over topics and

contents related to trainings, feedbacks etc.

13) Virtual Classrooms: There should be option for conducting virtual classrooms, trainings etc.

where participants can connect online and participate like a regular training program.

4.5.3. Content Management Module


1) The system should be able to deliver all types of contents, e.g., text, graphics, audio, video.

2) All content should be fully viewable using any popular browser. Standard plug-ins that are

available free of cost may be used but there should not be any requirement for any proprietary

client side software installation.

3) The system should support customized delivery of content, i.e., it should be possible to select

content adaptively based on a particular learner’s/trainee’s profile and level of learning already

achieved including performance in tests.

4) The system should support customized generation of navigation, i.e., it should be possible to

select the navigation sequence of the topics in a lesson or lessons in a course adaptively based

on a particular learner’s/trainee’s profile and level of learning already achieved.

5) The system should support customized presentation of content, i.e., it should be possible to select

the presentation scheme of the content adaptively based on a particular learner’s/trainee’s

profile and level of learning already achieved.

6) The system should maintain detailed record of trainee’s interaction with various elements of the

system, i.e., which training module the learner/trainee has studied, for how long, which

discussion forums he/she has visited, how many messages learner/trainee has posted, etc.

7) The system should enable learners/trainees and admins to monitor their own learning through

various graphical reports detailing their usage of the system and performance in various tests.

8) The system should be able to assign different roles for the Content Development Agency and the

Training Agency to facilitate content creation.


1) The Content Delivery Server should be platform independent, i.e., it should work on multiple

operating system (e.g., Windows, Linux, Solaris, iOS). The same should also be mobile compliant.

2) The Content Delivery System should be SCORM 1.2/ SCORM 2004 / xAPI standard compliant. Full

support for the standard should be provided including run-time API.

3) The Content Delivery Engine should provide integration with QTI compliant Assessment Engine.

The student records and the SCORM database must be updated with the result of assessment

coming from the Assessment Engine.



4.5.4. Authoring Module


1) The Authoring Module should support off-line authoring, i.e., Content authoring can happen

irrespective of the internet connectivity. Content shall be synced with the server upon

establishing the internet connectivity.

2) The Authoring Module should work with the drag and drop paradigm, i.e., it should be possible

to create hierarchical course structures and lesson plans by dragging icons from the tool palette

without having to do much typing.

3) The Authoring Module should support dragging of content files from Windows Explorer or similar

applications and dropping them on nodes in the hierarchical course tree.

4) The Authoring Module should have a built-in QTI compliant Assessment Designer using which

online quizzes and assessments may be designed.

5) The Authoring Module should allow teachers to enter mathematical formulae and diagrams

within the online quizzes and assessments.

6) The Authoring Module should have a built-in HTML Editor with support for templates so that

non-programmers may easily create content.

7) The Authoring Module should have a built-in Graphics Tool for easy creation of diagrams that

may be incorporated into the content.


1) The Authoring Module should be platform independent, i.e., it should work on multiple operating

system (e.g., Windows, Linux, Solaris, iOS).

2) The Authoring Module should be SCORM 1.2 / SCORM 2004 / xAPI standard compliant, i.e., the

content packages it produces should contain the components required for standard compliance

(manifest files and SCORM API calls).

3) The Authoring Module should support creation of SCORM packages from all types of formats

including HTML, MS Word, PDF, Powerpoint, Flash, Authorware, MP3, MPEG etc.

4) The Authoring Module should support definition of prerequisites between different parts of a

course so as to support adaptive delivery of content. This should be done through the use of the

prerequisite mechanism defined in the SCORM standard.

5) The Authoring Module should have a built-in SCORM player so that previewing of content

packages may be done in a real-life environment.



4.5.5. Online Assessment Module


1) The Assessment Engine should support all popular assessment types (multiple choice, multiple

response, true/false, fill-in-the-blanks, etc.)

2) The Assessment Engine should provide secure processing of assessments by performing all

answer checking at the server side, i.e., no answers should be sent to the browser in the

generated HTML and JavaScript.

3) The Assessment Engine should support randomized testing with parameterized question

selection based on assessment metadata.

4) The Assessment Engine should support definition of grades based on the range of marks in an

exam and display the grade obtained by a Learner.

5) The Assessment Engine should support generation of certificates and permit the Learner to print

the certificate.

6) The Assessment Engine should support creation and management of question banks.

7) The Assessment Engine should support using essay type questions in assessments along with

support for Trainers to view the answers online and mark them.

8) The Assessment Engine should support entering mathematical formulae, diagrams and figures

by the Learners while answering essay type questions.

9) The Assessment Engine should support definition and execution of a variety of reports regarding

test structure, learner performance, coverage statistics, etc.


1) The system should be platform independent, i.e., it should work on multiple operating system

(e.g., Windows, Linux, Solaris)

2) The system should be fully browser based and should not require any client side software

installation.

4.5.6. Other Requirements


4.5.6.1.1. Self-Registration / Nominations

The LMS should allow front- end users (learners/trainees) to register/nominate for the course of

choice online. The nomination process-flow should be as under a. User identifies course from the catalogue.

b. User applies for the course.



c. User forwards the application to Personal Learning Manager / Line Manager / Department

Heads / Supervisor for approval.

d. Personal Learning Manager / Line Manager / Department Heads / Supervisor approves or

disapproves including appropriate comments.

e. Upon approval, the application is forwarded to the NeGD – admin (for select trainings) for

enrollment.

f. In case of disapproval, communication is sent back to the Applicant indicating reasons for

disapproval.

A self-assessment test would be made available for learners/trainees to identify their gaps and slot

them according to e-GCF and also during registration the system shall suggest a learning path according

to the role a participant is playing in the existing e-Gov project.

4.5.6.1.2. Registration Verification and Authorization

The LMS should enable the Service Administrator to:

a. View all applications forwarded for registration into e-learning.

b. Verify, approve or disapprove the application.

c. If approved, assign the course.

d. Generate an advice to the applicant advising status of application with all relevant details –

whether approved, rejected for amendment or disapproved.

4.5.6.1.3. Certificate Issue

The LMS should allow creation of inbuilt Certificate of Completion templates with fields linked to users

and course details to allow for printing of certificate upon confirmation of completion and satisfaction

by the Learning Manager. The certificate should be printed upon authorization/request of Learning

Manager having verified that the learner/trainee has successfully completed the course and qualifies

for the certificate. The certificate would preferably be issued online and bear an electronic signature on authorized

signatories.

4.5.6.1.4. Communication

1) The LMS should provide capabilities for communication between the Learners/Trainees and

Learning Manager.

2) It should enable for both user-generated and auto-generated correspondences. It should allow for

display of important announcements on the homepage. LMS shall be compatible for

communication via mail as well as via SMS.



4.5.6.1.5. Training Needs Analysis

The LMS should provide capability for Users to express (capture) their training needs to enable the

Learning Manager identify suitable programme for the user. This will be useful where users are not

clear on what course could suit them or where the course they need does not exist in the library of e-

learning courses available. This module should also be used by the Line Managers to capture training

needs of their staff and forward to Learning Manager to identify suitable courses. It should enable

online Training Needs Analysis by both Users and Training Managers.

4.5.6.1.6. Reporting

The LMS should provide for generation of various reports: a. Trainee Reports showing staff details, course details, dates and scores.

b. Report on individual staff training records indicating courses undertaken, courses in progress

and courses registered for etc.

c. Audit Trail Reports

d. Customization of reports to add or remove fields as desired.

e. Capability to export reports to different file types like MS Excel and MS Word

f. Capability to filter reports to macro and micro levels like branches, divisions, departments etc

indicating staff training records as per item b above.

g. Provide for Training Budget tracking.

h. Statistics of course attendance/uptake.

i. Other reports as required by NeGD etc.

4.5.6.1.7. Record Keeping

1) The system should be able to keep historical records of a trainees showing courses previously

undertaken, dates and scores.

2) It should provide for keeping of proper audit trails on all logins and actions in the system showing

dates and users responsible.

4.5.6.1.8. User – Surveys

1) The LMS should support inbuilt online User survey to assess effectiveness of the programmes and

general feedback support.

2) It should allow Users to channel feedback to the service administrators.


4.5.6.2.1. GUI Interface

1) User-friendly interface for admin and learner/trainee.

2) Easy navigation through well-defined menus and logically defined structure.



3) Customizable login screen and dashboard.

4.5.6.2.2. Integration with other systems

1) LMS should be integrated with other systems like KMS, PMS etc. The interoperability between LMS

and KMS needs to be established when both systems are live.

2) It is desirable that the system links with, at minimum the HR system to ensure that User accounts

can be created based on HR records. Preferably, when a staff exits the organization, the system

having been linked with HR system should raise an alert and cause the workflow for removal of the

User account from LMS.

3) LMS shall have the provision to notify the trainees or prospective trainees via e-mail about new

training modules, content additions etc.

4) LMS shall integrate with social media and other NEGD collaboration portal for increased

collaboration and sharing between the employees.

4.5.6.2.3. Scalability

The LMS should be able to: a. Handle a minimum of 1.5 lakhs Front-end User ( learners/trainees) records with expansion

capabilities (5 – 8 lakhs in the coming 4-5 years).

b. Support at least 1000 concurrent courses initially.

c. Support clustering or load balancing.

4.5.6.2.4. Security

1) The LMS should provide for capabilities to enforce access controls to protect user information

from manipulation and any unauthorized access.

2) The contents should be accessible via secure port and protocols only.

3) Audit Trail shall be maintained for LMS and the audit logs shall be maintained as per NeGD

storage and archival requirements.

4) Security Audit of the LMS to be conducted from a Cert-In empanelled company after the LMS

implementation is performed.

4.5.6.2.5. Software licenses

1) The bidder should procure licenses for the LMS application, server, database and related

infrastructure and hand over NeGD as required.

4.5.6.2.6. Solution Architecture and Model for hosting the Technology and Infrastructure

1) Bidder to provide the detailed design and architecture of the LMS solution with the details of the Bill of Material and Bill of Quantity to support the architecture.



2) A cloud based hosting model is suggested over a dedicated instance. At the same time the storage of the data shall remain in India premises.

4.5.6.2.7. Compatibility

1) LMS shall be compatible with Desktops, Tablets & Smartphones.

2) Data can be in different formats including but not limited to, MS-Word, excel, power-point, pdf,

video etc.

3) Browsers: Chrome, Mozilla Firefox, IE and Safari.

4.5.6.2.8. Configuration and Branding

1) Configurable learner/trainee login screen (by Admins and Learners/trainees).

2) Configurable User Registration and information pages.

3) Brandable - branding (inclusion of logos, usage of fonts and colors etc.) as per the standards

required.

4.5.6.2.9. Administration and Access Management

1) Should enable different level of privilege across the application (NeGD Super Admin, Vendor

Admin, Support Users, Privileged users – Training Agency, Content Agency, Trainer, Normal User).

2) Customizable roles and levels of access.

4.5.6.2.10. Availability

LMS shall be available for 16 hours a day and can afford a downtime of 8 hours daily (12 AM –

8AM). During this time period no support/ Help desk is required since there is no need for the

application to be available during this time.

4.5.7. Service Expectations

Selected bidder is expected to provide the following services during LMS Implementation and Operationalization and maintenance. An Indicative list of services to be provided by the selected bidder as part of scope of work is as follows

4.5.7.1. Project Initiation

1. Understanding of the Requirements at NeGD.

2. Deployment of the necessary team members for the LMS implementation.

3. Preparation and sharing the Detailed Project Plan with the roles, responsibilities, activities and

milestones.



4. Preparation of the Work Flow and Process Flow documents.

5. Submission of the System Requirement Specifications and document citing the fitment of the LMS

solution with all the functional requirements as specified in the RFP.

6. Obtain NeGD buy-in and sign-off on these documents.

4.5.7.2. Project Implementation

1. Initiate the implementation.

2. Customize the LMS product to suit to NeGD functional requirements.

3. Roll out the modules in phases based on the Project Implementation Plan as agreed during the

contractual phases.

4. Provide services to ensure the LMS implementation meets the security and SLA requirements.

5. Provide services to transition the content into LMS.

6. Testing (Unit Testing, System Testing, Integration Testing, User Acceptance Testing).

7. Performance Testing – Stress, load testing.

8. Provide service for bug –fixing and stabilization.

9. Go-live after taking NeGD approval.

4.5.7.3. Operations, Maintenance, Monitoring and Control - till the Project Period (March 2017)

1. Create and operate help desk for easy resolution of client issues (L1 and L2 Support). Refer

section -4.5.7.7 for the support definitions.

2. Respond to queries and support requests.

3. Monitor and Report Performance as per the Service Level Agreements.

4. Submit SLA reports and bidder compliance to the SLAs as per the agreed frequency.

5. Provide support with extraction and various kinds of reports customized to NeGD requirements.

6. Report Project variances.

7. Intervene with Control Mechanisms as and when necessary.

8. Submit necessary Project Documents to NeGD.

4.5.7.4. Submit Internal Audit Reports Periodically (every Quarter) on the Project Progress



4.5.7.5. Exit Plan and hand over the Project in accordance with the Plan.

The bidder shall perform the Knowledge Transfer & Exit Management planning as per the sub-section

12.2 of this RFP document.

4.5.7.6. Deliverables

The following are the deliverables for selected bidder.

Sl No Phases Key Deliverables

1 Project Initiation Project Plan with activities, milestones and

responsibilities.

Workflows of the various components including but not

limited to, User Registration, training allotment, online

assessment, User Access Management etc. needs to be

created. Bidder needs to obtain NeGD signoff on each

of these workflows.

Draft SRS, FRS, SDS documents.

2 Project Implementation Project Test Results (including Unit, Integration, Stress,

Load, UAT tests)

STQC Certifications

Roll out Plan

Security Audit Report

Training Documents

SOPs, User Manuals

3 Operations, Maintenance

Monitoring and Control

SLA Reports

Updates on SOPs and User Manuals

Fortnightly project progress trackers

Internal Audit Reports Periodically (every Quarter) on

the Project Progress

4 Exit Plan and hand over Exit Management Plan (As per Sub Section 12.2 of RFP)

Progress Tracking Report of Exit

Deliverables may be added to this based on discussions with NeGD during project implementation

stages. The actual list of activities and associated deliverables shall be discussed and agreed during the

contractual stages.



A phase wise implementation approach is envisaged during LMS implementation. Bidder is required to

submit a detail phase wise Implementation Plan and showcase the same during the Technical Evaluation

phase.

Bidder shall submit Compliance Document to the Functional and Technical requirements as specified in

the scope of work and also against the GIGW guidelines as part of the bid.

4.5.7.7. Help Desk Support - Definitions

L1 Support:

L1 or Level 1 Support is the initial support level responsible for basic customer issues. The first job of L1 support personnel is to gather the User’s information and to determine the User’s issue by analyzing the symptoms and figuring out the underlying problem. L1 support personnel is expected to resolve the basic issues reported by any User over LMS registration, password reset, course not visible, so on and so forth. Bidder is requested to provide a list of activities proposed to be undertaken by L1 support personnel as part of the Technical Bid.

L2 Support:

L2 or Level 2 is a more in-depth technical support level than L1 Support and requires more experienced and knowledgeable personnel on LMS and related support services. It is synonymous with level 2 support, support line 2, administrative level support, and accounts for advanced technical troubleshooting and analysis required for rendering the solution posed. L2 shall provide support in resolving any query that is unresolved by L1. In case L2 support personnel is not in a position to resolve any query/request raised, they are required to take support from their organization over the same to ensure request resolution.



5. Eligibility Criteria

5.1. General Eligibility

The RFP can be responded by Consultancy Agencies, eLearning/Talent Management/LMS vendors etc.

Categories of organizations can be Government, semi-government and private organizations with at

least three years of experience in the said categories.

5.2. Pre-Qualification Criteria

SN Pre-Qualification Criteria Required details

1 Certificate of Registration

The firm should possess and furnish proof of certificate of registration/incorporation. It should also provide the PAN & Service Tax registration.

2

The organization must have positive net-worth as on 31st March 2015 and also as on 31st March 2016. (Unaudited Financial Statements shall be furnished in case of 2015-16)

Certificate by Charted Accountants or statutory auditors of the bidder.

3 Is an agency providing eLearning/Talent Management/LMS vendor / IT Services

Article of Association of the bidder Company and its Registration papers

4

The bidder should have annual revenue / turnover of minimum Rs. 1.5 Crores from eLearning and LMS Projects for each of the last four financial years (FY 2012-13, 2013-14, 2014-15, 2015-16) (Unaudited Financial Statements in case of 2015-16)

Certificate from Chartered Accountants citing the revenue / turnover from eLearning and LMS Projects for each of the last three financial years

5 The bidder must have completed/on-going at least two LMS implementation projects in the last 3 years.

References Completion Certificates from the client;

OR Work Order + Self Certificate of Completion (Certified by the Statutory Auditor);

OR Work Order + Phase Completion Certificate from the client



SN Pre-Qualification Criteria Required details

6 Details of Company Profile, Strength and Expertise in LMS Implementations

i) Company background, history and why the proposer is qualified to provide the services described in this RFP. ii) A description of the firm’s structure, including resumes of the Principals, Project Manager and Professional Staff (qualifications, expertise, level of involvement, etc.) who would work directly with NeGD/States.

7

The Bidder must have company registration certificate, valid sales tax/ VAT registration certificate, valid service tax registration certificate

Copy of certificates

8

The Bidder must not be blacklisted/ debarred/ suspended/banned by any Ministry/ Department of State or Central Government/PSU on the last date of filing of responses to this RFP

A Self Declaration stating to this effect is required to be signed by authorized signatory of the agency with seal.



6. Instructions to bidders

6.1. Bid Submission

The entire proposal shall be strictly as per the format specified in this RFP including Annexure I - VII. Bids

with deviation from this format shall be rejected. The bidders are required to submit the Bid in two

separate envelopes as follows:

Envelope A: Pre-Qualification Criteria - 2 copies (Original and one copy).

Envelope B: Technical Bid - 2 copies (Original and one copy).

Envelope C: Financial Bid - 1 copy.

Each copy of Pre-Qualification criteria, Technical Bid and Financial Bid of the tender should be covered

in separate sealed covers super-scribing “Pre-Qualification Information for Learning Management

System Project at NeGD”, "Technical Proposal for Learning Management System Project at NeGD" and

“Financial Bid for Learning Management System Project at NeGD” respectively. Each copy of each bid

should also be marked as "Original" & "First copy" as the case may be.

Format for Financial Bid should be mentioned in separate Sheet.

Two copies of each Bid should be put in a single sealed cover super-scribing “Pre-Qualification

criteria" and “Technical Bid” as the case may be.

Financial bid should be put in separate sealed cover super-scribing “Financial Bid”.

Please note that prices should not be indicated in the Technical Bid. It may lead to rejection of the

Bid.

Two envelopes containing copies of Pre-qualification criteria and Technical Bid should be put in

another single sealed envelope clearly marked “Designing, Implementation Operationalization and

Maintenance of LMS under CB-II” project.

These envelopes are to be super scribed with RFP Number and the wordings “DO NOT OPEN”.

The cover thus prepared should also indicate clearly the Name, Address, Telephone number, e-mail

ID and Fax number of the bidder to enable the bid to be returned unopened in case it is declared

"Late".

Each copy of the tender should be a complete document and should be bound as a Volume. The

document should be page numbered and appropriately flagged and must contain the list of contents

with page numbers. Different copies must be bound separately.

Any deficiency or deviation in the documentation may result in the rejection of the Bid.

In case of any discrepancy observed by NeGD in the contents of the submitted original paper Bid

documents with respective copies, the information furnished on original paper Bid document will

prevail over others.



As part of the Bid, Bidder should also provide the Pre-Qualification Criteria and Technical Bid in soft

copy format, in the form of a non-re-writeable CD (Compact Disc) as follows:

i) Two copies of CD each containing the Pre-Qualification criteria and technical bid - The CDs containing

Pre-Qualification criteria and Technical Bid should be sealed along with the hard copies of the respective

Bids. The CD should contain a single PDF file with all the relevant information included in a sequence

exactly as in the paper proposal.

ii) All CDs submitted by the Bidder must be in sealed covers. The sealed covers as well as the CD media

must be duly signed by the Bidder using a “Permanent Pen/Marker” and should be super-scribed with

“Pre-Qualification Criteria” and “Technical Bid -Soft Copy”, as the case may be and should also bear the

Name and Number of the Bidder.

iii) Bidder must ensure that the information furnished in respective CDs is identical to that submitted by

them in the original Paper Bid Document. In case of any discrepancy observed by NeGD in the contents

of the CDs and original Paper Bid Documents, the information furnished on original Paper Bid Document

will prevail over the soft copy.

Bidder must ensure that Technical Bid CDs do not contain any financial items/ prices.

If the outer envelope is not sealed and marked as indicated above, NeGD will assume no

responsibility for the bid’s misplacement or premature opening.

In case of any discrepancy between the soft copy and the hard copy versions of the proposal, the hard copy version will be considered as the final version and will be evaluated accordingly.

6.2. Cost of RFP

The cost of RFP is Zero. The Bidders can download the RFP document from “www.negp.gov.in”.

6.3. Transfer of RFP

The RFP document is not transferable to any other Bidder.

6.4. Bid Response Bidders are advised to study all Instructions, Forms, Terms, Requirements and other information in the

RFP document carefully. Submission of Bid shall be deemed to be done after careful study and



examination of the RFP document with full understanding of its implications. The response to this RFP

should be full and complete in all respects. Failure to furnish all information required by the RFP

document or submission of a proposal not substantially responsive to the RFP document in every respect

will be at the Bidder's risk and may result in rejection of its proposal and forfeiture of the bid EMD. The

decision of NeGD in this regard is final and binding to all bidders.

6.5. Proposal Preparation Costs

The Bidder is responsible for all costs incurred in connection with participation in this process including

but not limited to, costs incurred in conduct of informative and other diligence activities, participation

in meetings/discussions/presentations, preparation of proposal, in providing any additional information

required by NeGD to facilitate the Evaluation Process, and in negotiating a definitive contract or all such

activities related to the Bid Process. NeGD will in no case be responsible or liable for those costs,

regardless of the conduct or outcome of the bidding process. This RFP does not commit NeGD to award

a contract or to engage in negotiations. Further, no reimbursable cost may be incurred in anticipation of

award. All materials submitted by the Bidder become the property of NeGD and may be returned at its

sole discretion, provided, any materials which are identified as “Proprietary and Confidential Material of

Bidder” shall remain the property of such Bidder and NeGD shall maintain confidentiality of such

materials.

6.6. Signing of Communication to NeGD

All the communication to NeGD including this RFP and the Bid Documents shall be signed on each page

by the Authorized Representative of the Bidder and Authority Letter should be attached with the Bid.

6.7. Bidder Inquiries and NeGD Responses All inquiries / clarifications from the bidders, related to this RFP, must be directed in writing/ e - mail to

the contact details notified in this RFP document. The preferred mode of delivering written questions to

the aforementioned contact details would be through email. Telephone calls will not be entertained. In

no event will NeGD be responsible for ensuring that Bidders' inquiries have been received by NeGD.

6.8. Amendment of RFP Document

a) At any time till 7 days before the deadline for submission of Bids, NeGD may, for any reason, whether

at its own initiative or in response to a clarification requested by a prospective Bidder, modify the RFP

Document by an amendment. All the amendments made in the Document would be circulated to the



Bidders through e-mail and will form part of RFP for purpose of Bid Evaluation. All the amendments/

modifications made will also be available on website www.negp.gov.in.

b) The bidders are advised to be in contact with NeGD on regular basis for checking necessary updates.

NeGD also reserves the right to amend the dates mentioned in this RFP for Bid Process.

c) In order to afford prospective Bidders reasonable time in which to take the amendment into account

in preparing their Bids, NeGD may, at its own discretion, extend the last date for the receipt of Bids by a

reasonable period.

6.9. Supplemental Information to the RFP If NeGD deems it appropriate to revise any part of this RFP or to issue additional data to clarify an

interpretation of provisions of this RFP, it may issue supplements to this RFP. The same will be uploaded

as corrigendum on www.negp.gov.in. Any such corrigendum shall be deemed to be incorporated by this

reference into this RFP.

6.10. NeGD’s Right To Modify Submission Deadline NeGD may, in exceptional circumstances and at its own discretion, extend the deadline for submission

of proposals by issuing a Corrigendum or by intimating all Bidders who have been provided the proposal

documents, in writing or by facsimile, in which case all rights and obligations of the Project and the

Bidders previously subject to the original deadline will thereafter be subject to the deadline as extended.

6.11. NeGD’s Right To Terminate The Process NeGD may terminate the RFP process at any time and without assigning any reason. NeGD makes no

commitments, express or implied, that this process will result in a business transaction with anyone. This

RFP does not constitute an offer by NeGD. The Bidder's participation in this process may result in NeGD

selecting the Bidder to engage in further discussions and negotiations toward execution of a contract.

The commencement of such negotiations does not, however, signify a commitment by NeGD to execute

a contract or to continue negotiations. NeGD may terminate negotiations at any time without assigning

any reason.

6.12. Earnest Money Deposit (EMD)

Bidders shall submit, along with their Bids, EMD of ₹ 20 Lakhs (Twenty Lakhs) only in the form of a

Demand Draft drawn on Nationalized/Scheduled Bank only or in the form of Fixed Deposit Receipt (valid

of one year) in favor of Media Lab Asia - NeGD payable at New Delhi. EMD may also be given in the form

of Bank Guarantee valid for the period of one year mentioning all the terms and conditions of forfeitures

in this Bank Guarantee.



The EMD shall be denominated in Indian Rupees (₹) only. No interest will be payable to the Bidder

on the amount of the EMD.

Unsuccessful Bidder’s EMD will be discharged/ returned within Sixty (60) days after the selection of

most responsive Bidder.

The EMD shall be submitted with the Technical Bid in a separately sealed envelope. Bids submitted

without EMD will be rejected.

The EMD may be forfeited:

o If a bidder withdraws his Bid or increases his quoted prices during the period of Bid validity or

its extended period, if any; or

o In the case of a successful Bidder if the bidder fails to sign the contract for any reason not

attributable to NeGD or to furnish Performance Bank Guarantee within specified time; or

o During the Bid process, if a bidder indulges in any such deliberate act as would jeopardize or

unnecessarily delay the process of Bid Evaluation and finalization; or

o During the Bid Process, if any information is found to be wrong/ manipulated/ hidden in the Bid.

The decision of NeGD regarding forfeiture of the EMD amount and rejection of Bid shall be final and

binding to the Bidder.

6.13. Authentication of Bid The original and all copies of the Bid shall be typed or written in indelible ink. The original and all copies

(hard copies) shall be signed by the Bidder or a person(s) duly authorized to bind the Bidder to the

contract. A Letter of Authorization shall be supported by a written Power-of–Attorney accompanying

the bid. All pages of the bid, except for unamended printed literature, shall be initialled and stamped by

the person or persons signing the Bid.

6.14. Validation of Interlineations in Bid The Bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors

made by the Bidder, in which case such corrections shall be initiated by the person or persons signing

the Bid.

6.15. Language of Bids The Bids and all correspondence and documents relating to the Bids, shall be written in the English

language. Supporting documents and printed literature furnished by the Bidder may be in another

language provided they are accompanied by an accurate translation of the relevant passages in English

language. In case of ambiguity, the English version of the Bid shall be considered final and binding. There

should be proper page numbering on every page of Bid for proper referencing.

6.16. Documents Comprising The Bid The Bids prepared by the Bidder shall comprise of the following:



Envelope A: Pre- Qualification Criteria: The Bid should comprise of Pre- Qualification Criteria along with

all the supporting documents as mentioned in RFP.

Envelope B: Technical Bid: The Bids prepared by the Bidder shall comprise of the following along with

all the supporting documents as mentioned in RFP:

An Authorization Letter of competent authority, the Bidder to sign/ execute the proposal as a

binding document and also execute all relevant agreements forming part of RFP.

Declaration that the Bidder has not been debarred/ blacklisted by any State/Central Govt/ UT

Administration/Semi-Government Organization/ PSU, etc. for quality of services.

Declaration by the Bidder about the projects currently undertaken and satisfactory execution of the

project as requested in the Technical Bid Evaluation (Sub Section 8.3) and in such cases the complete

details of the project value, project period, and current progress as on date should be provided.

NeGD has the right to evaluate and counter check with the respective Agency on the performance

of the Bidder.

Team Composition – Proposed Team size, skill sets of people proposed to be engaged / deployed

for the projects.

Curriculum Vitae (CV) of proposed staff to be deployed for the project as per Annexure-V.

Envelope C: Financial Bid: The Bid should comprise of Financial Bid as required in the RFP.

6.17. Period and Validity of Bids The Bid shall be valid for One hundred and Twenty (120 days) from the closing date of submission of the

Bid. In extreme circumstances, NeGD at its own discretion may solicit the Bidders consent to extend the

period of validity. The request and the responses for the same shall be made in writing. The bid valid for

shorter period shall be rejected as non-responsive bid. In any case bid once submitted cannot be

withdrawn. Any conditional Bid would be summarily rejected.

6.18. Proposal Ownership The proposal and all supporting documentation submitted by the Bidder shall become the property of

NeGD.



7. The Bid Process

7.1. Pre-Bid Conference

NeGD will host a Pre-Bid Conference on 28-March-2016. If there would be any change in date, then

the same will be informed to the Bidder.

The Bidder or its official representative will be invited to attend the Pre-Bid Conference.

Bidders may confirm their participation one day in advance.

The purpose of the meeting is to provide Bidders with information regarding the RFP and the Project

requirements, and to provide each Bidder with an opportunity to seek clarifications regarding any

aspect of the RFP and the Project.

The response of the Pre-Bid Conference shall be uploaded on the website: https://negp.gov.in/

NeGD may make modifications to the RFP if necessary as a result of Pre-Bid Conference. All such

modifications made to the RFP by NeGD will be issued as a Corrigendum to the RFP and shall be

uploaded on the website: www.negp.gov.in

NeGD reserves the right to hold the Pre-Bid Conference without assigning any reason.

7.2. Tender Evaluation Committee

The Tender Evaluation Committee constituted by NeGD shall evaluate the Bid response submitted by

the Bidders. The decision of the Tender Evaluation Committee in the evaluation of the Pre – Qualification

Criteria, Technical and Financial Bids shall be final. No correspondence will be entertained outside the

process of negotiation/ discussion with the committee.

7.3. Opening of Bids

NeGD reserves the right to postpone or cancel the opening of the Bid.

The Bidders’ representatives, who are present at the time of opening of the Bid, shall sign a Register

evidencing their attendance. In the event of the specified date of Bid Opening being declared a

holiday, the Bids shall be opened at the same time and location on the next working day. However if

there is no representative of the Bidder, NeGD shall go ahead and open the Bid of the Bidders.

During Bid opening preliminary scrutiny of the Bid documents will be made to determine whether

they are complete, whether the documents have been properly signed, and whether the bids are

generally in order. Bids not conforming to such preliminary requirements will be prima facie rejected.

https://negp.gov.in/



To assist on the scrutiny, evaluation & comparison of offers, NeGD may at its discretion ask some or

all the Bidders for clarification of the offer. The request of and response to such clarification and

response shall necessarily be in writing.

The Bidders shall be responsible for properly super-scribing and sealing of each envelope. Neither

NeGD nor the Tender Evaluation Committee shall be responsible for accidental opening of envelopes

that are not properly super-scribed and sealed.

7.4. Negotiations, Contract Finalization and Award NeGD shall reserve the right to negotiate with the Bidder(s) whose proposal has been ranked first by the

Tender Evaluation Committee on the basis of best value to the project. If NeGD is unable to finalize

Service Agreement with the Bidder ranked first, NeGD will have the discretion to formulate their own

selection procedure in the best interest of the Project.

7.5. Award Criteria NeGD will award the contract to the Bidder whose Bid has been determined to be substantially

responsive and has been determined as the Best Value Bid, provided further that the Bidder has

demonstrated that it is qualified to perform services required for the project satisfactorily.

7.6. NeGD Rights to Accept / Reject Any Or All Proposals NeGD reserves the right to accept or reject any proposal, and to annul the Bidding Process and reject all

Bids at any time prior to Award of Contract, without assigning any reason.



8. Evaluation Process

8.1. Overall Bid Evaluation

Tender Evaluation Committee will evaluate and compare the Bids determined to be substantially

responsive.

Substantially Responsive Bid: A substantially responsive Bid is one, which conforms to all the

requirements, terms, conditions and specifications of the Request for Proposal without any material

deviations. Deviations or objections or reservations to critical provisions such as those concerning

performance security, warranty, applicable Law, taxes and duties will be deemed as material deviation

and make the Bid liable for rejection.

NeGD’s determination of a Bid’s responsiveness is to be based on the contents of the Bid itself

without recourse to extrinsic evidence. It is NeGD/ Tender Evaluation Committee’s intent to select the

proposal that is most responsive /advantageous to the project needs and each proposal would be

evaluated using the criteria and process outlined in this section.

The Technical Evaluation of Bids will be carried out using a Points System. Bidders with score of

seventy (70) and above in the Technical Bid shall be considered as technically qualified. The Financial Bid

of only the technically qualified Bidders shall be opened.

If there is a discrepancy between words and figures, the amount in words will prevail. If the Bidder

does not accept the correction of the errors, its Bid would be rejected and may result in forfeiture of

EMD amount.

The Tender Evaluation Committee may waive any minor infirmity, nonconformity or irregularity

which does not constitute a material deviation, provided such waiver does not prejudice or affect the

relative ranking of any Bidder. The Tender Evaluation Committee reserves the right to reject any or all

proposals on the basis of any deviations.

8.2. Evaluation of Bids Tender Evaluation Committee will carry out a detailed evaluation of the Technical Bids received by it in

order to determine whether they are substantially responsive to the requirements set forth in the RFP.

In order to reach such a determination, Tender Evaluation Committee will examine the information

supplied by the Bidders, and shall evaluate the same as per the evaluation criteria specified in this RFP.

The Tender Evaluation Committee shall invite only shortlisted Bidders to make a technical presentation.

The purpose of such presentations would be to allow the Bidders to present their proposed solutions to

the Tender Evaluation Committee and the key points in their proposals.

Based on the technical evaluation, the Financial Bids of only the Technically Qualified Bidders shall be

opened by Tender Evaluation Committee. The Financial evaluation will take into account the information



supplied by the Bidders in the Financial Proposal, and shall evaluate the same as per the evaluation

criteria specified in this RFP.

8.3. Technical Bid Evaluation

The Objective of the Technical Bid Evaluation is to short list Bidders who have the technical

expertise/skills that are essential to establish / implement this business activity as envisaged in the

scheme.

The Technical Bids shall be evaluated by the Tender Evaluation Committee based on a weighted point

system, assessing each Bidder’s ability to satisfy the requirements set forth in the RFP Document. The

Tender Evaluation Committee will evaluate the technical proposals by taking into account factors

mentioned below. The information furnished by the Bidders in the Technical Bid shall be the basis for

this evaluation

Each of the Technical bids shall be evaluated on a score of hundred (100) points

Each Proposal will be evaluated according to the following criteria, but not limited to:

Project Objective, Scope of Work and understanding along with past experience in projects executed

of similar nature. Bidders must demonstrate their experience by submitting documentary proof.

Capability of the Proposed Team: Experience and capability of the proposed team in similar

projects/technologies and relevant certifications, if any, of the Project Team which might help in

project delivery.

Feasibility and Technical Viability of the Proposed Solution – The Bidder’s Implementation, Operation

and Maintenance Plan, its deployment of sound Project Management Strategy etc for the project.

Also the quality, responsiveness, responsibility, ease of use, reliability and comprehensiveness of the

proposed technologies, monitoring solution, standard Information Systems Security Policies etc

would be evaluated from the perspective of the proposed solution.

In support of the different criteria, the Bidder has to submit the applicable documents.

An Evaluation Score (ES) shall be assigned to each prospective Bidder on the basis of the Technical

Bid submitted. The Technical Evaluation Score shall be based on the number of points that shall be

awarded as per the following Evaluation Criteria



S No. Criteria Marks

1 No of years the Bidder has been in the field of Learning Management System in India or abroad

Upto 5 years ---14 5 to 7 years --- 17 > 7 years ---20

2 The Bidder must have completed/ongoing at least two LMS implementation projects in the last three years

2 proj --- 14 3 proj to 4 proj --- 16 5 proj to 6 proj --- 18 >6 proj --- 20

3 No of years the LMS product proposed by the Bidder has been in the market

Upto 3 years – 3 >3 years to 5 years – 4 >5 years – 5

4 No of the LMS Implementations done with the proposed LMS product

Upto 3 implementations – 3 >3 to 5 implementations – 4 >5 implementations - 5

5 Organization Profile, including short history, core competency and resources available at head office & field level.

As per evaluation committee (Max 10)

6 No of Learners/trainees impacted by single LMS implementation. (Showcase a certificate with the number of learners/trainees for the implementation)

50000 --- 2 marks 50001 – 75000 ----3 marks 75001 - 100000 ----4 marks > 100000 ----5 marks

7 Proposed Approach & Methodology: Demonstration of understanding of the project’s objectives, scope and requirements. Following parameters will be examined for evaluation:

1) Clarity and depth of understanding of the project’s objectives, scope and requirements

2) Fitment to the functional and technical requirements specified in the Scope of Work

3) Design effectiveness, built in redundancy, envisaged scalability aspects etc.

4) Completeness and responsiveness: The extent to which the proposal responds exhaustively to all the requirements of NeGD’s Scope of work

5) Risks Identification and proposed Mitigation Plan 6) LMS Implementation Plan


8 Demonstration of proposed LMS Tool to check the fitment of the proposed LMS meeting the Functional requirements in RFP.


9 Proposed Project team to be deployed (as per format) As per evaluation committee (Max 5)

Total 100



8.4. Financial Bid Evaluation The Financial Bid would be opened only of those Bidders qualifying the Technical Evaluation and score a

minimum of 70 marks.

8.5. Final Evaluation of the Bid

Financial Bid of the Technically Qualified Bidders, who scored Seventy (70) marks or more, will be

opened and QCBS method would be applied on 70:30 (Technical : Financial) basis for Technical and

Financial Bids submitted. Financial Bid should mention the sum total of prices for all line items

mentioned by the Bidder inclusive of all taxes and levies.

NeGD reserves the right to negotiate and award the contract to the most responsive Bidder as per

the QCBS criteria as mentioned below:

The individual Bidder’s Technical marks will be standardised as per the formula below:

Ts= (Tb/Tmax) * 100

Where, Ts = Standardized Techno score for the Bidder under consideration

Tb = Total technical points scored by the Bidder under consideration

Tmax = maximum technical points scored by any Bidder

The individual Bidder’s financial marks will be standardised as per the formula below:

Fn= (Fmin/Fb) * 100

Where, Fn = Standardized financial score for the bidder under consideration

Fb = Total cost quoted by the bidder under consideration

Fmin = Minimum cost quoted by any bidder

The method of final evaluation of the Bids is described as follows:

Bids will be ranked according to their standardised technical (Ts) and financial (Fn) scores using the

weights

WT= 0.70 the weight given to Technical Bid;

WF=0.30, the weight given to the Financial Bid.

The combined Techno-Commercial & Price score (S) for the Bidder under consideration shall be

computed as per the formula given below:

Final Score = (Ts x WT) + (Fn x WF)

The Bidder achieving the highest Final Score would be considered for award of the contract.

In case two bidders have same Final Score, the bidder having higher Technical score would be

considered for award of the contract.



9. Selection Procedure

9.1. Notification of Award of Contract Prior to the expiration of the period of proposal validity, NeGD or its authorized person will notify the

successful bidder in writing or by fax or email that the Bid has been accepted.

NeGD may place the Work Order on the successful Bidder.

The Bidder shall acknowledge in writing to NeGD the acceptance of the Work Order and shall sign the

agreement with NeGD within fifteen (15) days of receipt of the Work Order.

9.2. Signing of Contract Within fifteen (15) days of receipt of the Work Order, the successful Bidder shall sign the agreement with

NeGD.All incidental expenses of execution of the agreement shall be borne by the successful Bidder.

The agreement between NeGD and the successful Bidder shall cover in detail the aspects/terms of

contract such as mentioned below but not limited to:

Performance security

Warranty Payment

Prices

Assignment

Sub-contracts

Termination

Applicable Law

Notices

Change orders

Taxes and Duties

Confidentiality

Limitation of liability

Training and Consultancy

Technical Documentation

Project Management

Bidder’s Obligations

Department’s Obligations

Patent Rights

Any additional items as decided by NeGD

Thereafter the successful Bidder shall be officially termed as “LMS Implementation Partner” for NeGD

under the CB scheme.



9.3. Performance Bank Guarantee The Bidder shall submit Bank Guarantee of amount equivalent to 10% of the Contract Value as

unconditional and irrevocable Performance Bank Guarantee (PBG) from the Nationalized/ Scheduled

Bank in the name of Media Lab Asia - NeGD.

The Performance Bank Guarantee shall be valid till the end of Mar, 2017 from the date of signing of the

agreement. The Performance Bank Guarantee shall be returned to the Bidder only on completion of all

work satisfactorily by Mar, 2017. In case Bidder fails to perform the obligation as per the agreement, the

Performance Guarantee will be evoked by NeGD. The Performance Guarantee shall be returned to the

Bidder within sixty (60) days from the date of the successful discharge of the contractual obligations.

In the event of the Bidder being unable to service the contract for whatever reason, NeGD would evoke

the PBG. Notwithstanding and without prejudice to any rights whatsoever NeGD under the contract in

the matter, the proceeds of the PBG shall be payable to NeGD as compensation for any loss resulting from

the Bidder’s failure to complete its obligations under the Contract. NeGD shall notify the Bidder in writing

of the exercise of its right to receive such compensation within thirty (30) days, indicating the contractual

obligation(s) for which the Bidder is in default.

NeGD shall also be entitled to make recoveries from the Bidder’s Bills, Performance Bank Guarantee, or

from any other amount due to him, the equivalent value of any payment made to him due to

inadvertence, error, collusion, misconstruction or misstatements.

9.4. Miscellaneous Terms & Conditions The Bidders must individually submit their Technical and Financial Offers. Consortium is not allowed.

The end product of the work assignment carried out by the selected Bidder, in any form, will be the sole

property of NeGD.

The selected Bidder shall not outsource the work to any other Associate / Franchisee / Third party under

any circumstances without the prior written approval of NeGD.

The selected Bidder shall perform the services and carry out its obligations with due diligence and

efficiency, in accordance with generally accepted techniques and practices used in the industry and with

professional training / consulting standard recognized by National / International Professional Bodies and

shall observe sound management practice. It shall deploy appropriate advanced technology and safe and

effective methods.



The selected Bidder automatically agrees with NeGD for honoring all aspects of Fair Trade Practices in

executing the work orders placed by NeGD.

The selected Bidder shall take all the necessary permissions required from various Government bodies,

and other entities wherever required to carry out the work.

In the event the selected Bidder or the concerned division of the company is taken over / bought over by

another company, all the obligations under the agreement with NeGD, should be passed on for

compliance to the new company/ new division in the negotiations for their transfer.

All the cost and charges in the Bid should be expressed in Indian rupees (₹) without any dependence on

exchange rate, duty or tax structure.

The Financial Bid quoted by the idder must be inclusive of all type of expenses including any type of tax

etc. No additional amount will be paid in excess to the quoted price.

Travel requirement of LMS team member would be decided by NeGD and prior approval of NeGD

authorities will be required for undertaking official journeys. The expenses thereof would be borne by

NeGD as per NeGD policy.

9.5. Failure To Agree With The Terms & Conditions Of The RFP Failure of the Bidder to agree with the Terms & Conditions of the RFP shall constitute sufficient grounds

for the annulment of the Award of Contract, in which event the contract may be awarded to the next

most responsive Bidder.

9.6. Agreement NeGD shall execute an Agreement for Award of Contract with the Bidder as per the Terms and Conditions

of the RFP. The conditions stipulated in the Agreement must be strictly adhered to and any

violation/deviation of any of the conditions may entail termination of the contract or levy of penalty

without prejudice to the rights of NeGD. In such a case, NeGD has the right to invoke Performance Bank

Guarantee and further Right to Terminate the entire or part of the contract by giving three (3) months’

notice period.

9.7. Indemnity Bidder has to indemnify NeGD against any claims, losses, causes, damages, expenses, action suits and

other proceedings, resulting from any proceedings initiated against NeGD for any deficiency in services

related to the project provided by the Bidder and/or infringement of any IPR during the period of contract.



9.8. Force Majeure Force Majeure shall not include any events caused due to acts/omissions of such party or result from a

breach/contravention of any of the Terms of the Contract, Bid and/or the Tender. 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.

The failure or occurrence 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/ e-

mail at the earliest. NeGD will make the payments due for services rendered till the occurrence of force

majeure. However, any failure or lapse on the part of the Bidder in 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 above mentioned 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 above.

In case of a force majeure all parties will endeavor to agree on an alternate mode 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 of force majeure.

Force majeure clause shall mean and be limited to the following in the execution of the conditions of

empanelment placed by NeGD:-

War / hostilities

Riot or Civil commotion

Earth quake, flood, tsunami, tempest, lightning or other natural physical disaster

Restriction imposed by the Government or other Statutory Body, which is beyond the control of the

selected Bidder, which prevents or delays the executive of the order by the selected Bidder.

The selected Bidder shall inform NeGD in writing, the beginning and the end of the above causes of delay,

within seven (7) days of the occurrence and cessation of the force majeure conditions. In the event of a

delay lasting for more than one (1) month, if arising out of clauses of force majeure, NeGD reserves the

right to cancel this agreement without any obligation to compensate the selected Bidder in any manner

for what so ever reason, subject to the provision of clause mentioned above.

Neither party shall be responsible to the other for any delay or failure in performance of its obligations

due to any occurrence commonly known as Force Majeure which is beyond the control of any of the

parties, including, but not limited to fire, flood, tsunami, explosion, acts of God or public disorder, riots,

embargoes, or strikes, acts of military authority, epidemics, insurrections, civil commotion, war, enemy

actions. If a Force Majeure arises, the bidder shall promptly notify NeGD in writing of such condition and



the cause thereof. Unless otherwise directed by NeGD, the successful bidder shall continue to perform

its obligations under the contract as far as is reasonably practical, and shall seek all reasonable alternative

means for performance not prevented by the Force Majeure event. The successful bidder shall, at the

discretion of NeGD, be excused from performance of his obligations in whole or part as long as such

causes, circumstances or events shall continue to prevent or delay such performance.



10. General conditions of Contract (GCC)

10.1. Fraud and Corruption

NeGD requires that the Bidders engaged through this process must observe the highest Standards of Ethics during the performance and execution of the Awarded Project(s). The following terms apply in this context:

NeGD will reject the response of the bidder, if the bidder has been determined by NeGD to having been

engaged in corrupt, fraudulent, unfair trade practices, coercive or collusive.

These terms are defined as follows:

"Corrupt practice" means the offering, giving, receiving or soliciting of anything of value to influence

the action of NeGD or any personnel during the tenure of project.

"Fraudulent practice" means a misrepresentation of facts, in order to influence a procurement

process or the execution of a contract, to NeGD, and includes collusive practice among applicants

(prior to or after Proposal submission) designed to establish proposal prices at artificially high or non-

competitive levels and to deprive NeGD of the benefits of free and open competition.

“Unfair trade practices” means supply of services different from what is ordered on, or change in the

Scope of Work which was agreed to.

“Coercive practices” means harming or threatening to harm, directly or indirectly, persons or their

property to influence their participation during the period of empanelment.

“Collusive practices” means a scheme or arrangement between two or more applicants with or

without the knowledge of the NeGD, designed to establish prices at artificial, non-competitive levels.

NeGD will reject an application for award of contract, if it determines that the applicant recommended for award has, directly or through an agent, engaged in corrupt, fraudulent, unfair trade, coercive or collusive practices in competing for any assigned project.

10.2. Confidentiality

Information relating to evaluation of application and recommendations concerning awards shall not be

disclosed to the applicants who submitted the applications or to other persons not officially concerned

with the process. The undue use by any applicant of confidential information related to the process may

result in the rejection of their application.



Moreover, in the performance of this Agreement or in contemplation thereof, bidder and its employees

and agents may have access to confidential information owned or controlled by the other party relating

to content, project, programs, software, plans and other data (hereinafter ‘Information’), Any

Information supplied by NeGD or any other Government department, which is not in public domain. The

receiving Bidder shall use a reasonable degree of care, which the receiving Bidder uses to protect its own

proprietary and confidential information, to keep, and have its employees and agents keep, confidential

any and all Proprietary Information. In keeping therewith, the recipient shall not copy or publish or

disclose the Proprietary Information to others, or authorize its employees, or agents or anyone else to

copy, publish or disclose it to others, without the disclosing party’s written approval, nor shall the

receiving party make use of the Proprietary Information except for the purposes of executing its

obligations hereunder, and shall return the Proprietary Information to the disclosing party at its request.

These nondisclosure obligations will not apply to Proprietary Information which: (a) becomes generally

known to the public by publication or by any means other than a breach of duty on the party of the

recipient hereunder; (b) is information previously known to the recipient; (c) is information independently

developed by or for the recipient; or (d) is information released by the owning party without restriction

or released pursuant to a judicial or governmental decree.

10.3. Applicable Law

Applicable Law means the laws and any other instruments having the force of law in India as they may be

issued and in force from time to time.

10.4. Resolution of Disputes If any dispute arises between parties, then there would be two ways for resolution of the dispute under

the Contract/agreement.

10.4.1. Amicable Settlement Performance of the Contract is governed by the Terms and Conditions of the Contract, however at times dispute may arise about any interpretation of any Term or Condition of Contract including the Scope of Work, the clauses of payments etc. In such a situation either party of the contract 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 thirty (30) days after receipt. If that party fails to respond within thirty (30) days, or the dispute cannot be amicably settled within sixty (60) days following the response of that party, then Clause ‘Resolution of Disputes’ of GCC shall become applicable.

10.4.2. Arbitration In the case dispute arising between the NeGD and the Agencies, which has not been settled amicably, the Agencies can request the NeGD to refer the dispute for Arbitration under Arbitration Act, 1996.



Such disputes shall be referred to Arbitral Tribunal. The Indian Arbitration and Conciliation Act, 1996 and any statutory modification or re-actment thereof, shall apply to these arbitration proceedings.

Arbitration proceedings will be held in India at Delhi and the language of the arbitration proceeding and that of all documents and communications between the parties shall be in English. The decision of the majority of arbitrators shall be final and binding upon both the parties. All Arbitration Awards shall be in writing and shall state the reasons for the award. The expenses of the Arbitrators as determined by the Arbitrators shall be shared equally by the NeGD and the Agencies. However, the expenses incurred by each party in connection with the preparation, presentation shall be borne by the party itself.

10.5. Jurisdiction of Courts

All legal disputes between the parties shall be subject to the jurisdiction of the Courts situated in New

Delhi only.

10.6. Termination / Withdrawal

a) Without prejudice to any other right or remedy it may have, NeGD reserves the rights to terminate

this Agreement at any time by giving three months advance notice in writing to the other party in

following circumstances.

Applicant becomes insolvent, bankrupt, resolution is passed for the winding up of the applicant’

organization

Information provided to NeGD is found to be incorrect;

Bid conditions are not met within the specified time period;

Misleading claims are made;

Clear evidence is received that bidder has breached copyright laws/ plagiarized from another source;

Fundamental breach in the contract.

b) If the bidder does not execute the contract to the satisfaction of the NeGD then NeGD may invoke



any or all of the following clauses.

Forfeit the Performance Guarantee Amount;

Terminate the contract without any liability of NeGD;

Levy penalties for the delay.

10.7. Binding Clause

All decisions taken by the NeGD regarding this Contract shall be final and binding on all concerned parties.

10.8. Bidder’s Integrity

The Bidder is responsible for and obliged to conduct all contracted activities as defined in the Scope of Work in accordance with the Contract.

10.9. Bidder’s Obligations

a. The Bidder is obliged to work closely with the NeGD’s staff, act within its own authority and abide by directives issued by the NeGD/States so as to achieve the targets in conformity with overall scope of work. b. The Bidder will abide by the job safety measures prevalent in India and will free NeGD from all demands or responsibilities arising from accidents or loss of life the cause of which is the Bidder’s negligence. The Bidder will pay all indemnities arising from such incidents and will not hold NeGD responsible or obligated. c. The Bidder is responsible for managing the activities of its personnel or sub-contracted personnel and will hold itself responsible for any misdemeanor. d. The Bidder must comply with statutory requirements for the personnel employed as part of the team and remit timely statutory payment like EPF, ESIC etc.

10.10. Penalty

S. No.

Activity Timeline Responsibility Penalty

1 Issue of Work Order to the Successful Vendor

T0 NeGD



S. No.

Activity Timeline Responsibility Penalty

2 Submission of Performance Bank Guarantee by the Bidder and completion of contract signing formalities

T1 = T0 + 15 days*

Bidder

* If the bidder fails to submit PBG within fifteen (15) days from the issue of Work Order, EMD would be

forfeited and the bid response submitted by the Bidder stands rejected and NeGD may consider to award

the contract to other Bidder/call for fresh bids.

10.11. SLA and Operational Penalties

SLAs for the Implementation Phase

Liquidated damages for delay in implementation

If the Solution Provider fails to meet the specified completion of schedule, the Solution Provider shall

be liable to pay as liquidated damages at the rates specified below, for each completed calendar week

of delay or part thereof, on the Total Project Cost.

S.No Measurement Baseline * (T)

Penalty Applicable

Penalty Severity

1. Implementation and

configuration of LMS

product and related

components as per

the agreed

Functionality

As per

Project Plan

> T + every

subsequent

weeks

0.5 % of

Implementation Cost

shall be the penalty

for every week of

delay.

NA

2 Application Go Live

As per

Project Plan

> T + every

subsequent

weeks

0.5 % of

Implementation Cost

shall be the penalty

for every week of

delay.

NA

1) “T” refers to the timelines as agreed as part of Project Plan.

2) In case of shortfall in the uptime/ SLA, Bidder shall be penalized as per the SLA parameters



specified in “SLA” section.

3) Bidder agrees and considers that the liquidated damages set out herein above are fair and

reasonable and that they shall raise no objection or dispute with regard to NEGD‟s right to

recover the liquidated damages.

4) Liquidated Damage is not applicable for the reasons attributable to NEGD and Force Majeure.

5) Liquidated damages is capped to a total of 10% of the total bid value.

NEGD will have the rights to recover the liquidated damages, if any, from any amount payable to Bidder.

Also, if the specifications of the RFP are not met by Bidder during various tests, Bidder shall rectify or

replace the same to comply with the specifications immediately to ensure the committed uptime, failing

which NEGD has the sole right either to reject or to accept it finally by recovering the suitable amount

as deemed reasonable by NEGD.



SLAs for the Operations Phase

Expected SLA’s for LMS Operations

Service Area Activity SLA

Measurement

SLA failure

indicator

Penalty Severity

Software (LMS

Application),

Monitori

ng

Maintena

nce and

resolutio

n

> 99 % uptime

for a quarter

The uptime

is below

the

threshold

of 99 % for

the

Quarter

NA Severity – 2

>=97 & < 99 %

uptime for a

quarter

1% of Quarterly

Payments

>=95 & < 97 %

uptime for a

quarter

2% of Quarterly

Payments

< 95% uptime

for a quarter

5% of Quarterly

payments

Other services

not covered

above but are

part of the RFP

As

indicate

d in RFP.

For the

Project

Period

Non-

compli

ance

NA

Non

implementation

of additional

distinct and

significant

features in tools

or services.

Implemen

tation of

those

features.

Within the

timelines

asked by

NEGD

Non-

implement

ation of

such

features.

NA



SLA for Help Desk Services

S.No Measurement Definition Measure

ment

Interval

Target Penalty Severity

1. Resolution

Time

“Resolution Time”,

means time taken by

Bidder staff to

troubleshoot and fix the

problem from the time

the call has been

logged at the Helpdesk

till the time the

problem has been

fixed.

The Help Desk will

typically receive calls

from NEGD and other

Government Agencies

for account creation,

deletion, system

administration,

server not accessible,

ad-hoc report

generation etc.

Quarterly 100% calls to

be resolved

within 30

minutes

No Penalty NA

Unresolved call Penalty of 5%

of the

quarterly

payments will

be levied.

NA

Severity Levels

Sl No Severity Response Time Resolution Time

1 Severity 1 – Critical 15 minutes Within 90 minutes

2 Severity 2 – Urgent 30 minutes Within 2 hours

3 Severity 3 – High 1 hour Within 8 hours

4 Severity 4 – Medium 3 hours Within next business day

Other SLAs pertaining to the incident management, change management, reporting and other

compliance procedures etc. will be discussed and added during the contractual stages.



If the deduction on account of penalty / liquidated damages exceeds more than 10% of the total contract

value, NeGD reserves the right to cancel the contract and forfeit the PBG.

10.12. Working Hours / Days

a) When engaged, the professionals will keep to the normal working hours of NeGD or the State

Government where the official is placed.

b) The officials will also follow the Holiday Schedule of DeitY or the State Government where they are

placed.

c) When engaged the officials will work exclusively on these projects. The official will not work on any

other assignment during the days for which they are required to work for these projects.

d) However, in case of certain important and time bound pressing assignment; the resources may be

required to work extra hours on weekdays and/or may be on holidays and for which no additional

compensation shall be payable by NeGD.

10.13. Approval / Clearances

All the necessary approvals/ clearances from concerned authorities (such as Govt duties, tax etc) required

for discharging services by the Bidder shall be obtained by the Bidder.



11. Payment Terms Payments based on deliverables of the contract are as below:

All the payments shall be made by NeGD to Bidder except as otherwise provided in the RFP after

deducting all taxes including TDS, as per laid down provisions from time to time. All the payment shall

be in Indian Rupees (₹). The detailed payment terms are given below.

NEGD will release the payment after receiving the invoice on completion of the phase / period to

the satisfaction of NEGD. After deduction of any charges such as penalties as per “SERVICE LEVEL

AGREEMENT” etc. Payments will be made to the vendor sixty (60) days after submission of invoice

agreed as per NeGD norms. No advance payments will be made. Further, it may be noted that the

mentioned criteria is only for the purpose of effecting agreed price payment. The selected Bidder

shall cover the entire scope including deliverables mentioned in the RFP.

Payment Terms

Sr. No. Description Deliverables Terms of Payment

1. Team Mobilization,

Preparation of Project

Plan, Kick-off meeting

Detailed Project Plan with manpower

details.

Organization chart showing the

proposed organization/ manpower

along with Escalation Matrix Standard

Operating Procedures (SOP) &

Exit Management Plan.

10% of Implementation Cost

against the submission of

Performance Bank

Guarantee.

2. Implementation,

configuration of Learning

Management Solution

(Application and related

infrastructure

components)

Implementation, Configuration

reports for the LMS product

implementation

20 % of Implementation Cost

3. Acceptance of LMS

Solution

Acceptance Testing of deployed

solution including functionality ,

module requirements as agreed

during the SRS/FRS stages ( All the

documents, manuals & CDs need to




Sr. No. Description Deliverables Terms of Payment

be made available to NeGD)

Licenses, Service Support

documents will be checked and

cleared by NeGD.

Sample SLA Reports

Training completion certificate

from user

4. Go- Live of Integrated

Learning Management

Solution


LMS solution


5. 6 Months of Successful

operations after Go- Live

of Learning Management

Audit Report by empanelled Auditor


solution

20% of Implementation Cost

6. LMS Managed Services Detailed SLA compliance report

and logs.

Quarterly payments of the

Total amount of Opex and

20% Implementation Cost.

The Bidders are expected to examine all instructions, forms, terms, NeGD project requirements and other

information in the RFP documents. Failure to furnish all information required by the RFP documents or

submission of a proposal not substantially responsive to the RFP documents in every respect will be at the

Bidder’s risk and may result in rejection of its Proposal and forfeiture of the proposal.

The following general clauses and conditions shall apply to contracts placed by the Company so far as

not stated otherwise in the relevant contract. Furthermore, specific clauses and conditions may be

set out or invoked in a contract and its annexes.

The Company shall have the right to check the technical performance of the contract, and for this

purpose, and for the general purpose of collaboration, they shall nominate a representative.

Bidder is expected to provide a breakup of Implementation Cost and Opex (Operational expenditure)

in their financial proposal.

Implementation Cost component includes the software (application), related infrastructure, setting

up and implementation costs along with the cost involved for Hosting in Private Cloud.



Payments shall be made to the selected Bidder on a quarterly basis for the total sum of 100% Opex

and 20% Implementation Cost.

The payments shall be based on the adherence to the SLAs.

Payments shall be subject to any deductions (such as TDS, Penalty as per SLA, etc.) of any amount, for

which the LMS Vendor is liable under the agreement against this RFP.

The payments to the LMS Vendor will be made quarterly at the end of each quarter on acceptance of

the invoice by the NeGD. After acceptance of the invoice along with the supporting documents as per

the checklist (to be provided by NeGD), the invoice would be processed for release of payment within

30 days after due verification of the invoice & other supporting documents by NeGD.

However, in case the processing of the invoice gets delayed beyond thirty (30) days from the date of

acceptance of invoice, the LMS Vendor would be paid an adhoc amount of fifty (50) % of invoice value

& the remaining amount would be released after getting clarifications, due verification & imposition

of penalty, if any within the next period of thirty (30) days.

The payment term would be till Mar’ 2017.

All the deliverables would be certified by Project Director, CB.

For any delay in completion of any of the above deliverables beyond Mar’ 2017, a 10% penalty of total

project cost would be levied for completion of the deliverable beyond that timeframe as agreed during

the project plan submitted by the bidder.



12. Extension of Contract NeGD may extend the contract on pro-rata basis beyond March 2017, in case of any requirements.

12.1. Change Orders

NeGD may at any time before completion of work under project awarded to the bidder, change the work

content by increasing the quantities of the services as required, as mentioned in the Contract Agreement

for execution of the Project, without creating any liability for compensation on any grounds, whatsoever

due to this change. In such a case, the bidder will have to perform the service in the increased quantity at

the same contract rates within the time stipulated for providing services to NeGD.

12.2. Knowledge Transfer & Exit Management

12.2.1. Knowledge Transfer

1. Knowledge Transfer is an integral part of the scope of work of Bidder. This will have to be done

even in case the Contract with Bidder ends or is terminated before the planned timelines.

2. Bidder needs to include in the response the Exit Management Plan for the LMS Solution and

Operations at the end of the contract duration. The transition period shall span a minimum of six

(6) months before the contract end date. The selected bidder shall ensure during the exit

management the following:

• Handover the existing system and infrastructure to the NeGD in running condition.

• Have a minimum three (3) months overlap period of running the operations with the new

bidder.

• Three (3) months independent operations of LMS Solution by new bidder from last date of

support of outgoing bidder.

3. At the end of the Contract period, Bidder will be required to provide necessary handholding and

transition support to designated staff or any other Agency that is selected for maintaining the

system post the Contract with Bidder. The handholding support will include but not be limited to,

conducting detailed walkthrough and demonstrations for the IT Infrastructure, handing over all

relevant documentation, addressing the queries/clarifications of the new agency with respect to

the working / performance levels of the infrastructure, conducting training sessions etc.



12.2.2. Cooperation and Provision of Information

During the exit management period:

1. The selected Bidder will allow NeGD and/ or its Nominated Agency access to information

reasonably required to define the then current mode of operation associated with the provision

of the services to enable NeGD to assess the existing services being delivered.

2. Promptly on reasonable request by NeGD, the selected Bidder shall provide access to and

copies of all information held or controlled by them which they have prepared or maintained

in accordance with this agreement relating to any material aspect of the services (provided by the

selected bidder). NeGD shall be entitled to copy of all such information. Such information shall

include details pertaining to the services rendered and other performance data etc.

12.2.3. Confidential Information

Selected Bidder will promptly on the commencement of the Exit Management Period supply to NeGD

and/or its nominated agency the following:

1. Information relating to the current services rendered.

2. Documentation relating to the Project’s Intellectual Property Rights.

3. All current and updated data as is reasonably required for purposes of NeGD or its Nominated

Agencies transitioning the services to its Replacement agency in a readily available format.

4. All other information (including but not limited to documents, records and agreements) relating

to the services reasonably necessary to enable NEGD or its nominated agencies, or its

Replacement agency to carry out due diligence in order to transition the provision of the Services

to NeGD or its nominated agencies, or its Replacement agency (as the case may be).

5. Before the expiry of the exit management period, Bidder shall deliver to NeGD or its nominated

agency all new or up-dated materials from the categories set out in t h e Plan and shall not retain

any copies thereof, except that Bidder shall be permitted to retain one copy of such materials for

archival purposes only.

6. Before the expiry of the Exit Management Period, unless otherwise provided under the MSA, NeGD

or its nominated agency shall be delivered by the selected bidder all forms of confidential

information, which is in the possession or control of bidder.



12.2.4. Transfer of Certain Agreements

On request by NeGD or its nominated agency Bidder shall effect such assignments, transfers, licences

and sub-licences as NeGD may require in favour of NEGD or in relation to any equipment lease,

maintenance or service provision agreement between Bidder and third party lessors, bidders, and

which are related to the services and reasonably necessary for the carrying out of replacement

services by NEGD or its nominated agency.

Bidder shall provide the perpetual licenses for all involved LMS components (as applicable) and same shall

be shared with NeGD.

12.2.5. General Obligations of Bidder

1) Bidder shall provide all such information as may reasonably be necessary to effect as seamless a

handover as practicable in the circumstances to NEGD or its nominated agency and which Bidder

has in its possession or control at any time during the exit management period.

2) For the purposes of exit management schedule, anything in the possession or control of Bidder or

associated entity is deemed to be in the possession or control of Bidder.

3) Bidder shall commit adequate resources to comply with its obligations under this Exit Management

plan.

12.2.6. Exit Management

Bidder shall prepare an Exit Management Plan for transfer of operations to NeGD and/or as may be

advised by NeGD in the event of termination or expiry of the contract with NeGD, without affecting

services to stakeholders adversely. Bidder shall get this process approved by NeGD. The Plan shall

include, but not be limited to, the following-

1) Detailed Program of the Transfer Process that could be used in conjunction with a Replacement

Agency 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 Bidder's staff, OEM’s and any related third party as are

necessary to avoid any material detrimental impact on NeGD’s project operations as a result of

undertaking the transfer.

3. Plans for provision of contingent support to NeGD and Replacement Agency for a reasonable period.

4. Bidder shall draft the Exit Management Plan periodically thereafter to ensure that it is kept relevant

and up to date.



5. Exit Management Plan shall be presented by bidder to NeGD and approved by NeGD or its Nominated

Agencies.

6. The Terms of Payment as stated in the Payment Schedule shall include the costs of the Agency

complying with its obligations under Exit Plan.

7. During the Exit Management Period, Bidder shall use its best efforts to deliver the services.

8. Payments during the Exit Management period shall be made in accordance with the Payment Schedule

as specified in the exit plan.

9. The Exit Management plan shall be furnished in writing to NeGD or its Nominated Agencies within

sixty (60) days from the Effective Date of this Agreement

10. In case of exit due to termination prior to expiry of the agreement for any reason whatsoever, the

bidder shall pay liquidated damages to NeGD to compensate for the various losses and reputation due

to the delay. In such circumstances NeGD shall not make any further payments and shall recover all

amount paid to the bidder after levying ten (10) % interest.

B1 ) Upon completion of the contract period or upon termination of the agreement for any reasons, the

bidder shall comply with the following:

Notify to NeGD forthwith the particulars of all Project Assets.

Deliver forthwith actual or constructive possession of the Project free and clear of all encumbrances

and execute such deeds, writings and documents as may be required by NeGD, for fully and

effectively divesting the bidder of all of the rights, title and interest of the Bidder in the Project and

conveying the Project.

2) Subject to clause (1) of Exit Management, upon completion of the contract period or upon termination

of the agreement, the Bidder shall comply and conform to the following Divestment Requirements in

respect of the project:

a) All project assets including the hardware (if applicable), software, documentation and any other

infrastructure shall have been renewed and cured of all defects and deficiencies as necessary so that the

project is compliant with the specifications and standards set forth in the RFP, agreement and any other

amendments made during the contract period.

b) The Bidder delivers relevant records and reports pertaining to the project and its operation, and

maintenance including all operation and maintenance records and manuals pertaining thereto and

complete as on the Divestment date.



c) The Bidder executes such deeds of conveyance, documents and other writings as NeGD may

reasonably require to convey, divest and assign all the rights, title and interest of the bidder in the project

free from all encumbrances absolutely and free of any charge or tax to NeGD, or its nominee.

d) The Bidder complies with all other requirements as may be prescribed under applicable laws to

complete the divestment and assignment of all the rights, title and interest of the Bidder in the project

free from all encumbrances absolutely and free of any charge or tax to NeGD or its nominee.

3) Not earlier than three (3) months before the expiry of the contract period but not later than thirty

(30) days before such expiry, or in the event of earlier termination of the contract, immediately upon

but not later than fifteen (15) days from the date of issue of Termination Notice, the Independent

Consultant as nominated by NeGD shall verify, in the presence of a representative of the Bidder,

compliance by the Bidder with the Divestment Requirements set forth in relation to the project and, if

required, cause appropriate tests to be carried out at the Bidder’s cost for determining the compliance

therewith. If either party finds any shortcomings in the Divestment Requirements, it shall notify the

other of the same and the Bidder shall rectify the same at its cost.

4) Upon the Bidder conforming to all Divestment Requirements and handing over actual or constructive

possession of the project to NeGD or a person nominated by NeGD in this regard, NeGD shall issue a

certificate substantially in the form set forth, which will have the effect of constituting evidence of

divestment of all rights, title and lien in the project by the Bidder and their vesting in project pursuant

hereto. NeGD shall not unreasonably withhold issue of such certificate. The divestment of all rights, title

and lien in the project shall be deemed to be complete on the date when all the Divestment

Requirements have been fulfilled or the Certificate has been issued, whichever is earlier, it being

expressly agreed that any defect or deficiency in any Divestment Requirement shall not in any manner

be construed or interpreted as restricting the exercise of any rights by NeGD or its nominee on or in

respect of the project on the footing as if all Divestment Requirements have been complied with by the

concessionaire.

Bidder shall ensure transfer of all required software products and licenses utilized for the LMS

implementation to NeGD.

At the end of the contract period or upon termination of contract, bidder is required to provide necessary

handholding and transition support to ensure the continuity and performance of the Services to the

complete satisfaction of Government Department.

Bidder shall ensure that their Cloud Service Provider (CSP) shall support the Government Department in

migration of the VMs, data, content and any other assets to the new environment created by the



Government Department or any Agency (on behalf of the Government) on alternate cloud service

provider’s offerings to enable successful deployment and running of the Government Department’s

solution on the new infrastructure. Bidder and their CSP shall certify the VM, Content and data

destruction to the Government Department as per stipulations and shall ensure that the data cannot be

forensically recovered. Bidder along with their CSP shall have the responsibility to support and assist the

Government Department till the Department is able to successfully deploy and access the services from

the new environment.

Bidder shall not delete any data at the end of the agreement (for a maximum of 45 days beyond the

expiry of the Agreement) without the express approval of the Government Department.

During the Exit/Transition management process, it is the responsibility of the Bidder to address and

rectify the problems with respect to migration of the Department application and related IT

infrastructure including installation/reinstallation of the system software etc.

The ownership of the data generated upon usage of the system, at any point of time during the contract

or expiry or termination of the contract, shall rest absolutely with Government Department.

During the contract period, the bidder shall ensure that all the documentation required by the

Government Department for smooth transition including configuration documents are kept up to date

and all such documentation is handed over to the department during the exit management process.

12.3. Bankruptcy and Insolvency

NeGD can terminate the contract if the bidder becomes bankrupt and/or loses the desired state of

solvency with a notice of thirty (30) days. NeGD, in such cases of termination, will not be responsible for

any loss or financial damage to the service provider resulted due to the termination. NeGD will also, in

such cases have the right to recover any pending dues by invoking the Performance Bank Guarantee or

any such instrument available with NeGD.

13. Only One Application

An applicant may submit only one proposal on its own. If an applicant submits more than one proposal

on its own, both proposals shall be disqualified.



14. Disclaimer (i) This RFP is not an offer by the NeGD, but an invitation to receive responses from eligible

interested applicants for installation commissioning and maintenance of LMS. No contractual obligation

whatsoever shall arise from this process.

(ii) The evaluation shall be strictly based on the information and supporting documents provided by the

Bidders in the responses submitted by them. It is the responsibility of the applicants to provide all

supporting documents necessary to fulfill the mandatory eligibility criteria. In case, information required

by NeGD is not provided by applicant, NeGD may choose to proceed with evaluation based on information

provided and shall not request the applicant for further information. Hence, responsibility for providing

information as required in this form lies solely with applicant.



Annexure-I: Declaration (On the Respondent’s Letter Head)

DECLARATION

i. I, _______________ (Name & Designation) solemnly affirm that the facts stated above are correct and nothing has been withheld. If any information submitted above, is found to be false or fabricated, I may be liable to be debarred from selection. ii. I permit NeGD to inspect my records to ascertain the above facts. iii. I permit NeGD to cross check the above facts from any other source. iv. I or my authorized representative, if required by NeGD, would make a presentation before the duly constituted Committee at my own cost. v. I will abide by the decision of NeGD regarding empanelment. vi. I have read & understood the RFP and agree to all the Terms & Conditions stated therein. SIGNATURE Full Name and Designation: Date: (Seal of organization)



Annexure-II: Covering letter with the Proposal in response to RFP Notice

(To be submitted on the Letterhead of the responding firm) {Place} {Date} To The Director-CBMC National e-Governance Division, 6 CGO Complex, Electronics Niketan (4th Floor) New Delhi - 110003 Ref: RFP for setting up, operationalize and maintenance of LMS, reference RFP no. _______ dated _______ Subject: Submission of proposal in response to the RFP for “Setting up, Operationalize and Maintenance of LMS”. Dear Sir/Madam, 1. Having examined the RFP document, we, the undersigned, herewith submit our proposal in response to your RFP no. _______ dated ______ for “LMS”, in full conformity with the said RFP document.

2. We have read the provisions of the RFP document and confirm that these are acceptable to us. We further declare that additional conditions, variations, deviations, if any, found in our proposal shall not be given effect to.

3. In the event of acceptance of our Bid, we do hereby undertake:-

To commence services as stipulated in the schedule of delivery forming a part of the attached Technical

Bid.

We affirm that the prices quoted are inclusive of all charges and all sales, service taxes and any other type

of taxes as may be applicable from time to time.

4. We agree to abide by this Proposal, consisting of this letter, the detailed response to the RFP and all attachments, for a period of one hundred and twenty (120) days from the date of submission of the bid.

5. The EMD of twenty (20) Lakhs submitted by us may be en-cashed if we do not submit the requisite Performance Bank Guarantee within fifteen (15) days of award of contract for “LMS”.



6. We would like to declare that we are not involved in any major litigation that may have an impact of affecting or compromising the delivery of services as required under this assignment and we are not under a declaration of ineligibility for corrupt or fraudulent practices.

7. We would like to declare that there is no conflict of interest in the services that we will be providing under the terms and conditions of this RFP.

8. We hereby declare that all the information and statements made in this proposal are true and accept that any misrepresentation contained in it may lead to our disqualification.

9. We understand you are not bound to shortlist / accept any proposal you receive. Please find enclosed details of our company in the format as given in Annexure – III. We hereby declare that our proposal submitted in response to this RFP is made in good faith and the information contained is true and correct to the best of our knowledge and belief. Sincerely, FIRM’S NAME Signature of Authorized Signatory and Seal of the bidder Name Title Date:



Annexure-III: Details of the Responding Firm

S.No. Particulars Details to be Furnished

1 Details of the Responding Firm

Name

Address Corporate Office, Local Office

Telephone

Fax

Website

e-Mail

2 Details of the Authorized person for the bid

Name

Designation

Telephone

Fax

e-Mail

3 Status of the firm/Company (Public /Pvt. Ltd.)

Details of Registration

ROC Ref No

Date

4 Number of Professionals (On the rolls of the firm) providing managed services (Excluding temporary staff)

5 Details including short history, core competency of your organization and your resource skill sets.





Annexure-IV: Financial Information Summary

Sr. No.

Name of the Bidder

Turnover (in INR - Crores)

FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16

Note: Please enclose balance sheet and Profit & Loss statement duly certified by authorized auditor.



Annexure-V: Curriculum Vitae (CV) for Proposed Professional Staff* Template

1. Proposed Position [only one candidate shall be nominated for each position]:

2. Name of Firm [Insert name of firm proposing the staff]:

3. Name of Staff [Insert full name]:

4. Date of Birth: Nationality:

5. Education [Indicate college/university and other relevant specialized education of staff

member, giving names of institutions, degrees obtained, and dates of obtainment]:

6. Membership of Professional Associations:

7. Other Training [Indicate significant training since degrees under “5 – Education” were

obtained]:

8. Countries of Work Experience: [List countries where staff has worked in the last ten years]:

9. Languages [For each language indicate proficiency: good, fair, or poor in speaking, reading,

and writing]:

10. Employment Record [Starting with present position, list in reverse order every employment

held by staff member since graduation, giving for each employment (see format here below):

dates of employment, name of employing organization, positions held, Project handled.]:

From [Year]: To [Year]:

Employer:

Positions held:

Detailed Tasks

Assigned

Work Undertaken that Best Illustrates Capability to Handle the

Tasks Assigned



[List all tasks to be

performed under

this assignment]

[Among the assignments in which the staff has been involved,

indicate the following information for those assignments that

best illustrate staff capability to handle the project]

Name of assignment or project: Year: Location: Client: Main project features: Positions held: Activities performed:

11. Staff is resident / native of:

12. Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly describes myself,

my qualifications, and my experience. I understand that any willful misstatement described herein may

lead to my disqualification or dismissal, if engaged.

Date:

[Signature of staff member or authorized representative of the staff] Day/Month/Year

Full name of authorized representative:

* Minimum Qualification for Proposed Professional Staff:

S

No.

Role Qualification Total Work

Experience in

Years

Experience in the

domain of LMS (in

Years

1 Project Manager (B.Tech/B.E /MCA) + MBA 10 5

2 Senior Technical

Implementation

Expert

(B.Tech/B.E /MCA) 7 5



3 Technical

Implementation

Expert


4 Quality

Assurance/Testing

Personnel


5 Content

Transformation

Personnel


6 Support Personnel

– Help Desk – L2


7 Support Personnel

– Help Desk – L1




Annexure-VI: Financial Proposal Covering Letter

{Place} {Date} To The Director-CBMC National e-Governance Division, 6 CGO Complex, Electronics Niketan (4th Floor) New Delhi - 110003

Ref: RFP no. ______ dated ______

Subject: Submission of financial proposal in response to the RFP for setting up, operationalize and

maintenance of LMS

Dear Sir,

We, the undersigned, offer to provide the services for [Insert title of assignment] in accordance with

your Request for Proposal dated ______. Our Financial Proposal is submitted as per the instructions

given in the RFP 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. Any change in the government’s tax

during the project duration will be borne by us and will not be transferred to NeGD.

The following is the breakup of our financial proposal covering both Implementation Cost and Opex

expenses.

Table 1

Sl No. Type Cost Components Amount (INR) – Inclusive of all taxes & levies

1 LMS Implementation Cost

LMS Product (Enterprise License for 1.5 lakh users)

Hosting –Cloud

Services Cost – till go-live

Any other components (please specify)



Sl No. Type Cost Components Amount (INR) – Inclusive of all taxes & levies

Total Implementation Costs

Total

2 LMS Operations – Opex (Till March 2017)

Hosting – Cloud (Maintenance / Support)

AMC for the Product (if applicable)

Other system maintenance costs (Server, OS, DB) (if applicable)

Support Services – LMS Tool Maintenance

Support Services – L1 & L2 for Help desk services

Any other components (Please specify)

Total Opex Total

3 Total Cost (Implementation Cost + Opex)

You are also requested to provide the breakup of expenses for operation and maintenance for all LMS

components. (This table shall be used as a reference in case NeGD decides to extend the contract of the

selected bidder)

Table 2

Sl No.

Type Cost Components April 2017 – March 2018 (INR)- Inclusive of all taxes & levies

April 2018 – March 2019 (INR)- Inclusive of all taxes & levies



1 LMS Operations – Opex (Beyond March 2017)

Hosting – Cloud (Maintenance / Support)

AMC for the LMS product

Other system maintenance costs (Server, OS, DB) (if applicable)



Sl No.

Type Cost Components April 2017 – March 2018 (INR)- Inclusive of all taxes & levies




Support Services – LMS Tool Maintenance

Support Services – L1 & L2 for Help desk services

Any other components (please specify)

You are also requested to provide the costs over license costs based on the number of users.

Table 3

Number of Users Additional License Cost (INR) - Inclusive of all taxes & levies

1.5 lakh to 3 Lakh

3 Lakh to 5 Lakh

5 lakh to 8 Lakh

We understand you are not bound to accept any Proposal you receive.

Yours sincerely,

Authorized Signature [In full and initials]: Name and Title of Signatory: Name of Firm:



Annexure-VII: Format of sending Pre-bid queries

Ref: RFP Notification no <xxxx> dated <dd/mm/yy>

Name of the Bidder- <<>>

Contact Address of the Bidder- <<>>

Sr.

No.

Section No. Page No. Query Remark

1

2

3

4

Signature:

Name of the Authorized signatory:

Company seal:

Date post:	18-Mar-2018
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