Quotation for Scanning of documents. Dear Sirs, I am directed to ...

------F.No.K-11012/1/2007-IECGovernment of IndiaMinistry of Rural DevelopmentDepartment of Land ResourcesNBO Building, G wing,Nirman Bhawan,New DelhiToDatecL:.?.t.12.2007Subject: Quotation for Scanning of documents.Dear Sirs,I am directed to state that Department of Land Resources, Ministry of RuralDevelopment invites sealed tenders from authorized dealers for development of a software, andpurchase of a Server and also for Scanning of documents project for the use in RecordManagement System, of the Department of Land Resources,Nirman Bhawan, New Delhi.I. Specification of Software - As enclosed in Annexure' A' .The Back-End software will be M.S. SQL 2000 higher version.Note: The package is to be developed for the "Multiuser" environment, all the scanneddocuments need to be stored in a centralized server and enabled to be accessed by theworkstations.II. Confi2uration of Server (Mininum)Server Intel Xeon dual core 2.8 GHz (dual processing capable) 2 MB L2 Cache, 800MHz FSB, 2 GB DDR2 RAM @400 MHz 3x72 GB @ 10K RPM SCSI Hard disks,RAID dual channel with U320/SAS RAID controller with 128 MB cache, 1.44 MBFDD, CD ROM, DVD writer, 20/40 GB DAT Drive, 17" TFT Screen, 10/100/1000MBPS LAN Card, Keyboard, Mouse and Windows Server 2003 with licensefor 5 user-01 No.

-III. Scannin1!of documents with pastin1!stickers etc. - 5 lakhs records approx. (standard filesize)2. Terms and conditions for Quotation: As per annexure I.3. Important dates:I. Date and Time for acceptance of tender 16.01.08 bv 3.00 PMii. Date and Time of opening of tender 16.01.08 bv 4.00 PM4. If you are interested you may kindly send your rates for above said items separately to theundersigned on or before the stipulated ate and time in a sealed cover separately containingh d . " . ~ "Q( f . ea mg uotatlOn 10r name 0 Item ) " .5. This is also available on the website of this Department dolr.nic.in.Yours faithfully,0/J~(NA VIN CHANDRA)UNDER SECRETARY TO THE GOVT. OF INDIAPh: 23063599ISSUED ON~6 DEC7007'N'T'AL~...;. J ' ,... ~._. .......---.--.

..........Appendix "A",j'... Software Package Features. The Developed software package salient features are mentioned as below:-. Security. DLoginwithAdmin. DFile Master Creation. DFile Number. DFinancial Year. DFile nameDFile Category. FileEntry. DSelect file Number. DCreate no of Pages Required for scanning. DUnk scan page with relevant page number· Search Engine/Report:-. The user can search any of the files with any of the following lields:-. DFinancial Year:· DFileName. DFileNumber· DCategory. NOTE:-oThe package shall be developed for the "multi-user" environment; all thescanned documents will be stored in a centralized in server and can beaccessed by the workstations. The server should have M.S. WindowsServer 2003 as operating system or its higher version.. The Back-End Software will be M.S. SQL 2000 or higher version and inworkstations, M.S. windows 2000/XP/VISTAas O.S.

.......This document outlines the preJiminary requirements for development of aLAN based software to store, archive and retrieve documents, files and record. ThisRequest for Proposal (RFP) consists of two parts as indicated below:-(a) Part I. This part covers the background, the objectivc functionalspecifications/requirements and the general rcquirements of the software from theuser perspective.(b) Part II. This part consists of the commercial aspects of the procurements.Payment terms, services to be performed by the supplier.Submission of Quotes. Vendors will submit two bids in two separate envelops. Thetwo bids will be Technkal Bid (ie T-Bid) and Commercial Bid (ie Q-Bid). Eachenvelope must be suitably markcd to indicate thc type of bid.PART 1 : GENERAL AND FUNCTIONALREQUIREMENTS. There exists a requirement to develop a LAN based application software packageand to provide a competent SERVER to be used by users at Department of LandResources, Ministry of Rural Developmcnt which can digitize, archive andretrieve old files, records and documents occupying large office spaces, Theapplication should facilitate search based on user defined queries, strings,parameters, etc.. The stored documents should be accessible over LAN, the system should alsoallow querying and generation of various reports. The application should besimple to use, lean in terms of resources, secure and user-friendly. In the contextof the present project, the term 'document' would cover papers, files, reports,proceedings, drawings, etc. The term 'archival' mean storage of informationwhether for short term or long term and irrespective of medium on which is itgetting stored, The system should cater for adequate search facilities like searchon the basis of (Keywords/date) or on user parameters.. Functional Requirements of the System. The system shall provide a convenient tool to the management for transformationof existing documents from print to e-media by scanning of documents,organizing, and storing these documents on hard disks for easy, fast andcomprehensive search and access over nodes on network.. The application should facilitate annotation of the digitized data while preservingthe original contents. The original contents of documents, drawings, etc. need tobe preserved in jpg format so that no modification is permissible to them. Alldigitization work is to be carried out on the premises of the Dcpartment of LandResources only.

. Access to the digitized data is to be provided to only authorized users and strictlyas per rights and privileges assigned to the users. The system must facilitatemanagement of users and user access rights and privileges.. Tbe .system.should be able to generate reports as indicated at Appendix "A". Thislist is purely indicative and the scope of the reports should be finalized at the SRSstage only.. The software should facilitate adding digitized data in a progressive manner, postimplementation, while in use by the user. Facility to backup and restore thecomplete data without loss to he providedwithout redoing the whole process.. It should have adequate wizard to guide the user through the completeinstallation.. Data integrity and consistency must be ensured. The proposed system should alsocater for fast query retrieval. The application must provide a structured filingmechanism- provision to create multiple folder options, sub folders for storing ofdocuments. Scanner interfaces so that documcnts can be directly scanned in usingthe software. Filing system should be able to differentiate between the 'Types' ofdocuments. The softwarc would become a proprietary item of % Land Resources.. The scope of work includes digitization of about 5.00,000 pages (size A4 andlegal). .. The application would run on a network having Windows based environment.(Windows based as, System Software and databases). Other in-house developedinfo security products like disk encryption system. application for controllingUSB drives, etc. would need to be int,egratedwith the application.. The application must have appropriate tools for facilitating regular backups andrecovery procedures.. The application should provide means of digitizing documents of various sizesranging from A4 to legal paper size, drawing ranging from A4 to A2 size.. The application should provide means of 'clean' the digitizeddata/documents/drawings. No information from the documents or originalcontents should get erased or overwritten or lost in the process of cleaning thedata.. Appropriate data compression techniques should bc used by thc vendor tominimize/optimize the storage space, without compromising the systemperformance and time for retrieval of information.. The proposed database should be based on Micro Soft SQL Server withappropriate number of licenses and supported by OEM for one year and thereafteron AMC basis.. Databases with ATS are not to be quoted. A total of 20 users would log into thesystem at a time. Thus, adequate licensesbc catered lor.

Inputs to the system. The proposed system should be able to accept inputsthrough'"scanning of documents directly. Appropriate security be imposed toensure that such data is also protected securely and no deletion/modifications arepossibleto suchdata. .· The system should be able to generate output in hard copies as well as softcopies.. Once a document is digitized, it should not be able to be removed from thearchived data by any unauthorized person. An appropriate work flow for approvalat suitable stages(s) be incorporated for deletion of such data.Other Aspects. Considering the nature of information being digitized, work will be donc in thepremises indicated hy Department of Land Resources.· The system will be implementedon the computer network provided by the user.. Requirement of minimum resolution and other technical features of the hardwareshould be indicated.. Provide hand holding support for one month post acceptance/commissioning ofthe system.. Provide one year comprehensive on-site warranty on completion of that handholding period.Print and Online Help options. Proposed system must have the facility to havePrint Options for the Reports and other specified forms in general/Pre-Printedformat agreed and approved by the user.. ~.4._..Personnel to be deployed by the vendor.. Ifthe purchaser finds that any of the vendor's personnel have(a) Committed serious misconduct or have been c.hargedwith having committeda criminal action; OR(b) Has reasonable cause to be dissatisfied with the performance of any of thepersonnel.Then the vendor shall at the purchaser's written request specifying the groundstherefore, forthwith provide as a replacement person with qualifications andexperience acceptable (\ the purchaser. The vendor shall have no claim foradditional costs arising out of lor incidental to any removal and/or replacement ofpersonnel.

Scope of Work. The Vendor is required to design, develop, implement, test and commission theapplication.· The vendor will have to provide training to the users and system administrator ofthe buyer on the proposed applications.. The vendor will make sizing of the server in order to adequate speed over fullload as well as enough storage for scanned data.. The vendor will also provide Licenses for back-end software (MS SQL Server),Data Entries in to developed software package and training to the users etc.Vendor Responsibilities. The vendor must finalize the schedule of training in consultation with the buyer,as described in details subsequently.. The vendor should design the application sonware package using latest availabletools and technologies, standard process, etc.The vendor responsibility as mentioned above is only indicative and shall carry out allother activities. required for successful and satisfactorv completion of the proiect. ascertified by the buyer.Department of Land Resources (Buyer's) Responsibilities. The department of Land Resources would provided to required documents to thedesignated personnel of the vendor for the purpose of digitization.. The Department of Land Resources would check for correctness of the developedpackage, any error in scanned data and the supplied hardware for Server.Training. For each hardware and software component installed, the vendor is required totrain the designated personnel to enable them to effectively operate and maintainthe total system. The system users (approximately five) from Department of LandResources shall be trained continuously at least for two working days, to explainthe basic functionalities of the system and how to use the system. Training willalso be carried out on aspects of maintenance and administration of the system,for designated personnel (about Three personnel). The vendor will carry out a halfa day workshop for the complete concerned staff of this office to explain them thesystem, its use and how to refer a digitized document, query the system, reportgeneration, etc, the vendor will have to quote for complete training as a limp sumcost. The training for system maintainers and administrators should includecomplete training on all modules and at all levels. The details of the trainingprogram, Including scope of training and course ware will be worked out duringthe system design phase.

........... All arrangements for the above mentioned training are required to be made by thevendor. The buyer would only provide a class room for delivery of instructions tothe trainees.· The vendor shall provide adequate number of hard and soft copies of trainingcourseware and training materials to the purchaser for future reference. Standardinteractive demonstration and tutorial package for each training shall also beprovided by the vendor for carrying our further off-line training.PART II COMMERCIAL ASPECTSService Support during Hand Holding and warranty. During the warranty and the hand-holding period, the vendor will provide servicesupport. The service support shall include technical support for the performance,functionality and operation of the information System supplied, On receiving acomplaint, the vendor will analyses the problem and invite the relevant technicalexperts. It is to be noted that no remote access/rcmole logging will be allowed bythe 0/0. L.R. to the vendor for the purpose of providing product support. Bugfixation and any defect observed in the software is to be fixed hy the vendorduring the warranty period. The developed patch is to be uploaded on all othersoft wares implemented as well.e Relevant documents from the OEM for support shall also be provided by theVendor. If the OEM is providing higher warranty, the same is to be passed on thebuyer by the vendor at no extra cost.Patches and Upgrades. The vendor shall be responsibility for uploading of allpatches/updates of the software supplied during the warranty and the hand holdingperiod.Uptime During Warranty and Hand Holding An overall uptime of 95% would bemaintained during the hand holding and warranty period. The scope of hand holdingand warranty would be restricted to the stores, goods, software, services rendered andany other item supplied/provided by the vendor as part of the contract.. .. ..- .

Technical Bids. The information in the technical bid should be complete in itself facilitate fulltechnical scrutiny. The vendor must volunteer all information required for thispurpose. It must be borne in mind that no change to commercial bid, arising outof clarifications on technical bid, is permitted. The technical proposal submittedby the vendors should necessarily cover following details:-· Company profile and details of infrastructure available for support in terms oftechnical competence/skill set, etc.Terms of Delivery and Payment· Payment Terms As per current practices, no advance payment is permissible.However, to ensure cash flow, commensurate with progress of the project and thedeliverables, stage payment schedule is suggested in slIcceeding paragraphs.· For Hardware & Licensed software:- 100%against commissioning of equipments.· For Data Entry:- After completion of every 25,000 documents (5% of totaldocuments), but separate bills would be needed.· The purchaser may at any time, by a written order given to the Vendor makechanges within 15days of the general scope of the general scope of the contract inanyone or more of the following:-. For Software Package (To be developed):-oo75% on the completion of Software Development and commissioning.25% After 3 months of successful commissioning.Commercial Bid. The Commercial Bids are to correspond to the Technical Bids and contain allcosting details as per the bill of material. Commercial bids of only technicallyqualified vendors will be considered. The information in commercial bid must bein unitized form so that commercial bid of all firms can be properly compared andLI vendor can be clearly established. The D/O Land Resources reserves the rightto accept or reject any quotation without assigning any reason. The Vendor cannotchange the overall cost quoted in the original commercial bid. The format forsubmittingthe commercial bids is placed at Appendix "B".. Time Frame- The firm should ensure that the completion of the work within 24months from the date of awarding of the contract.

. Penalty Clause - If any of the terms and conditions of this contract are notadhered to on account of the proven negligence of the vender or any default ormisdemeanor on his part the vender will be liable to pay a penalty for such lapse.In all such cases the fault of vender must be clearly established. The quantum ofthe penalty (not exceeding 10%of the total amount) will be fixed by the DoLR atthe level of Director (Admn.). Any dispute in this regard will be arbitrated by theJoint Secretary(WM). etretcredPART III - EVALUA TION CRITERIAThe evaluation will be carried out in three stages as indicated below:-Vendor EvaluationTechnical Evaluation· Commercial EvaluationVendor Evaluation. The firm must have a turnover of not less than Rs. 20 Lacks in each of the lastthree financial years. For this purpose the last financial year would be consideredas the one ended on 3] .03.2007.. Past Experience The vendor must have implemented at least one projectinvolving digitization and archival of documents during last three years from thedate of issue of this RFP. The vendor must have executed at least one projectpreferably for any Government Department.. The vendor must have an established service base at New Delhi.Technical Evaluation. Only those firms which qualify Vendor Evaluation ""ill qualify for Technicalqualification.Commercial.Valuation: Computation of LI Vendor. Net cost of Hardware, Software, Training & Job work for Scanning and Warrantywould be added up together to compute L 1 vendor.

Appendix "8"FORMAT FOR COMMERCIALBIDS.No. Description Qty. Rate Total Cost1 Server 01 No.Con fig. Xeon ServerMinimum configuration as specified inthe tender......................................................................."".........................................................................................................2O.S. ................................... -Development of Software Package 01 No.for Scanned Data Storage & RetrievalSystem.3 MS SQL 2000 Server Licensed software 01 No.for 20 user license. (Back End for Data4Base). -Training for Users & Administrators. 01 No.5(Scope defined as above) .---Scanning Job work (Per Page) 5,00,0006 Annual AMC Charges for three years,after warranty----------for item sr. no. 1 to 3 (Per Annum).Total = Rs.Total in words (with out taxes) = Rupees ... ...... ... ... ... ............ ......... ... ... .........................................................................................................................Tax (VAT for item Sr. No.1 to 3) Rs.Service Tax for item sr. no. 4 to 6. Rs.Total Cost of project (in figure) = Rs.Totai Cost of project (in words) = Rupees ................................................(including all taxes) ......................................................................................................................-

. .... ~. .-~.STANDARD TERMS AND CONDITIONS OF CONTRACT(STACs)Annexure I Format for Performance Bond?1. Definitions. In context of this document following definitions will apply:-(a) Purchaser. The purchaser is the President of India acting through the authority issuingthe purchase order. This term is synonymous to Buyer.(b) Supplier. The supplier is the party, which contract to supply goods and services. Theterm includes his employees and agents. This term is synonymous to Contractor.(c) Consignee. The consignee is the authority specified in the contract to whom suppliesare to be delivered.(e) Vendor. The vendor is the party to whom tender enquiry has been sent. The partymayor not respond to the tender enquiry.2. Validity. Themodified by thesupplier.STAt as stipulated hereunder except to the extent agreed to thepurchaser, in writing, shall supersede conditions stipulated by theTender4. The purchaser may reject a tender without assigningreason.5. The purchaser may not accept the lowest tender.Contract6. The contract shall deem to have been concluded by the 'acceptance of tender' issued inthe form of a purchase order. The acceptance may be communicated to the supplier byfax or registered/speed post. The supplier is required to acknowledge receipt of theacceptance within 3 days. However, non-acknowledgement on the part of the Supplierdoes not affect the 'acceptance of tender' or the conclusion of contract.7. All communications by the Purchaser to the Supplier will be deemed to have beenmade if sent by fax, telex or registered/speed post to the number or address furnishedby the Supplier.8. The purchaser shall not be liable for any obligation, monetary or otherwise, that hasnot been expressly stated in the contract.9. The supplier shall deem to have indemnified the Purchaser against all claims by thirdparties relating to the contract, including but not limited to intellectual property rights.10. The supplier shall not disclose any information provided to him by the Purchaser exceptto the extent required to execute the contract.

Effective Date of Contract;11. The effective date of the Contract willbe the date on which the last of the followingis complied with :-(a)Asstated in purchase order/acceptance of tender.Specifications12. The specifications governing the item to be supplied will be provided with thetender enquiry as an enclosure. A quote received against a tender enquiry shall bedeemed to commit the supplier to those specifications, unless explicitly statedotherwise in the quote.13. Where an aspect is not covered in the specification, the Supplier shall be requiredto conform to the good quality standards that he had provided in the past to thePurchaser or to any other buyer.14. The specification contained in the tender enquiry may be modified if requisitespecifications are not available, by mutual consent in written before the contract isaccepted.Warranty.15. For the purpose of this document, provisions applicable for warranty period. Ingeneral, the warranty will come into effect after the commissioning of the completesystem and its subsequent acceptance by the user.16. Hardware(a) The contractor shall warranty on the hardware for a period as specified by the OEMwith a minimum period of one year, post successful completion of trials andcommissioning of the complete system in totality. Onsite support shall be provided bythe contractor within the project cost, during the period of warranty. The vendor mustpass on the additional warranty offered by the hardware OEMto the buyer at no extracosfif any.(b) In case of defects occurring to Hard DiskDrivesof server, during the warranty period,the disk is to be replaced by the Contractor free of cost. Similarly,any Magnetic mediarendered defective during the warranty period would be replaced free of cost within 15workingdays.17. Software. The contractor shall stand warranty for the software; it'scustomizatinn/ mndification etc. for a period of 1 year, post successful commissioning ofthe system and acceptance by the buyer. This is to ensure the performance of thesystem as a whole. The warranty extended by the software OEM will, by no way, affect

,the warranty provided by the OEM. The vendor will pass down the benefits andadditional warranty provided by the software OEM to the buyer, at no extra cost. Thesoftware warranty will include product support post commissioning of the completesystem. The scope of this warranty will cover debugging of the software, necessaryupdates and patch management, upgrades and data management.18. Uptime. The vendor will provide the agreed uptime of the software and the system.Generally an uptime of 95% is to be provided by the contractor. Generally, the uptimewill be calculated based on the premise that 8 hrs a day, 5 days a week and 52 weeks ina year. This assumption may be modified based on user's specific requirements.Payment_towards any default will be adjusted against the performance guaranteedeposited.Price:-19. When quoting against a tender enquiry, all components of the price of such as thebasic price and different types of taxes and charges shall be listed separately. Where'rates' are applicable, they shall be explained clearly.20. Price quoted in the tender shall be fixed. In exceptional circumstances, where a pricevariation clause becomes unavoidable, the modalities of price variation must beexplicitly stated.21. The purchaser shall not be liable for any payment that has not been included in thetender.22. The supplier should quote to the Purchaser the lowest price at which he is supplyingthe item of similar quality to other buyers.Payments Terms24. The payment terms should be negotiated with the vendor before placement of order.25. Hardware Procurement. 100% payment shall be made against delivery and successfulcommissioning of server and licensed software. Copy and posts the "payment Terms"From RFPstart from "Terms of Delivery and Payment" and go up to "Commercial BidHeading"Taxes & levies26. Details of Excise Duty, if any, are to be indicated. Exemption Certificate for Octroi,Custom Duty, Excise and form '0' for admitting ST @4% and service Tax@12.36% will beprovided if specified & applicable. FE conten,t, if any, is to be indicated separately, forwhich Custom Duty Exemption certificate is required. Custom duty exemption asapplicable is to be catered for. Any other tax is to be paid on actual.. "... -. .PerformanceBank Guarantee27. The vendor is required to furnish performance guarantee, within 30 days of signingof the Contract, by the way of Bank Guarantee for an amount of 10% of the Order Value

of software development payment valid up to the warranty period or 10% payment shallbe released after the completion of warranty period. The Bank Guarantee should beissued by the nationalized bank and confirmed by the SBI. A specimen of thePerformance Bond is at Annexure A28. The purchaser, based entirely on his judgment, may appropriate the performanceguarantee deposit or make deduction from it should the Supplier fail to discharge anycontractual obligation. ~Qualitv29. The quality of the stores delivered according to this contract shall correspond to thetechnical conditions and standards valid for the deliveries of the same stores for insupplier'~ country .or specifications enumerated as per Performance Bond and shall alsoincludetherein modification to the store.ssuggested bythe Purchaser.Consi~nee's Ri~ht of Reiection.31. Not withstanding the fact that an item may have been inspected prior to dispatch,the consignee will have the right to reject it, in whole or part, if it is observed that theitem supplied does not conform to the specifications or has been damaged. Suchrejection shall be communicated to the supplier within 10 days of item reaching theConsignee's premises.Arbitration32. In the event of any dispute arisingout of the contract, it shall be referred to the solearbitrator, Additional Secretary, Department of Land Resources, Ministry of RuralDevelopment, Government of Indiaor his nominee. The award of the arbitrator shall befinal and bindingon both parties to the contract.Forcemaieure.33. If either of the parties suffer delay in due execution of their contractual obligationdue to the operation of one or more of the force majeure events such as but not limitedto, act of God, War, food, earthquake, strikes, Lockouts, fire, epidemics, riots, civilcommotions etc. the agreed time for the cdmpletion of respective obligations.shall beextended by a period of the time equal to the period of the delay occasioned by suchevents. On the occurrence and cessation of any such event, the party effected therebyshallgive notice in writing to the other party. Such notices to be given within 15 days ofoccurrence/cessation of the event concerned. If the force majeure conditions continuebeyond 30 days.theparties shall mutuallydecide about the future course of action.liquidated Dama~es.34. In the event of the supplier's failure to submit the Bonds / Guarantees andDocuments, supply of goods and services and conduct of trials, implementations of thesolution, training etc. as per the schedule in the contract, the Purchaser may, at his sole

discretion , will not release the balance 10% of payment until the completion of thecontract.Claims35. The claims may be presented either:-(a) On Quantitv of the Stores. In case it does not correspond to the quantity shown inthe Packing List/Insufficiency in packing or,(b) On...QlJalitV--0f.the.-Stores. In case it does not correspond to the qualitymentioned in this contract.36. The quantity claims for deficiency of quantity shall be presented within 15 days ofcompletion of inspection and acceptance of goods.37. The claims for defects or deficiencies in quality noticed during the inspection shallbe presented within 15 days of completion of inspection and acceptance of goods.Quality claims shall be presented for defects or deficiencies in quality noticed duringwarranty period earliest but not later than 15 days after expiry of the warrantee period.38. The description and quantity of the stores are to be furnished to the Supplier alongwith concrete reasons for making the claims. Copies of all the justifying documents shallbe enclosed to the presented claim. The Supplier will settle the claims within 45 daysfrom the date of the receipt of the claim at the Purchaser's office, Subject to acceptanceof the claim by the Supplier, In case no response in received during this period the claimwill be deemed to have been accepted.39. The supplier shall collect the defective or rejected goods from the office of thePurchaser and deliver the repaired or replaced goods at the same office under Supplier'sarrangement.40. Claims may also be settled by deduction of cost of goods under claim from bondssubmitted by the Supplier or payment of claim amount by supplier through demanddraft drawn on Indian Bank, in favour of P & A.a. Ministry of Rural Development, NewDelhi.Short Closure or Termination41. The-ptifcha-se-r-shail have the right to terminate or short close this Contract in part or infull in any of the following cases :-(a) The delivery of the item is delayed for causes not attributed to force Majeure for morethan one month after the scheduled date of delivery. .(b)The vendor is declared bankrupt or becomes insolvent.(c) The delivery of material is delayed due to causes for force Majeure by more than threemonths.

(d) The Purchaser has notices that the supplier has utilizedIndian/Foreign agent in getting this contract and paid anyindividual/company etc.(e) As per the decision of the Arbitrator.the services of anycommission to such42. Not withstanding any provision contained herein, the Purchaser may, at any timeafter giY!!1f!. thr.e~".~ritten notices, at an interval of 15 days each may terminate thecontract, in whole or in part by requiring the supplier, to discontinue the performanceof any or all of the services or work mentioned herein, in which case the supplier shallhave no claim against the purchaser, by reason of such termination except that thepurchaser shall pay to the supplier, all amounts due to the supplier on account of worksalready completed by the time of issue of termination letter, but the purchaser shall nobe liable to pay any bonus, damage or other claims of the Contract for loss of expectedprofit on or interest in the in complete portion of the work and services provided that ifat any time there is any time there is any change in the constitution of the supplier'scompany, the purchaser will have the right to the"terminate the contract forthwith. Thesupplier shall not be entitled to any compensation on this account but will be paid anypayment due to as on the effective date of termination.Risk Purchase43. Should the supplier fail to deliver an item within the contracted delivery period orrepudiate the contract before the delivery date, the Purchaser, without prejudice to hisright to recover damages for breach of contract, may cancel the contract in part or inwhole and may purchase elsewhere, on the account and at the risk and cost of thesupplier, the item not delivered, within 12 months of the breach of contract. He maypurchase another item of similar general description, in case the item exactlyconforming to the particulars of the contracted item is not readily procurable. ThePurchaser shall be entitled to recover from the supplier all costs incurred by thePurchaser during the RiskPurchase that are in excess of the costs he would have had toincur as per the original contract.44. . Tbp...rJJr.cb.~s~r.-shall have the right to ignore the tender of the original Supplierduring the RiskPurchase. The manner of carryingout the RiskPurchase shall be entirelyat the discretion of the Purchaser. However,the Purchaser shall server a notice of suchpurchase on the defaulting Supplier.LAW45. Compliance with Statutorv and Other Regulations.(a) The contract shall be governed bythe Lawsof India.(b) The supplier and/or agencies shall in all matters arising in the performance of thecontractor conform, at their own expense, with the provisions of all Central or StateStatutes, Ordinances or laws and the rules, regulations or bye-laws of any local or other

, II"II.II1Iduly constituted authority and shall keep the Purchaser indemnified against all penaltiesand liabilities of every kind for breach of any such statute, ordinance, law, ruleregulation or bye-law, etc.(c) The supplier and/or agencies shall give all notice ~nd pay all fees and taxes required tobe giv~n-on~j'aid"under any Central or States Statutes, ordinances or other laws or anyregulations or bye-laws of any local or other duly constituted authority in relation to theservices of the contract.46. Jurisdiction The contract shall be deemed to have been made at the placefrom where the purchase order is issued and only the courts of that place shall havejurisdiction to decide on any dispute arising out of the contract.47. Certificate Regarding Troian. Trap Doors, Viruses, etc. A Certificate in the followingCERTIFICATEON MALICIOUS CODE(Thiscertificate is to be rendered on company's letterhead)1. This is to certify that the hardware and the software being offered as part of the contract does not contain anykind of maliciouscode that would activate procedure to :-(a)(b)(c)Inhabit the desired and the designated function of the eGuipment.Cause physicaldamage to the user or his equipment during the operational exploitation of the equipment.Tap information regarding network, network users and information stored on the network that is classifiedand/ 0;' r~~ath"g "l'c,..SeCbi)ty.2. There are no Trojans, Viruses ,Worms, Spywares or any malicious software on the system and in the softwaredeveloped.3. This firm is liable in case of physical damage. loss of information and those relating to copyright and IntellectualProperty rights (IPRs),caused due to activation of any such maliciouscode in embedded/ shipped software.(Signed)DesignationDate:-Name and address of firmformat is to be furnished by the vendor:-Place:-Company Seal(Authorised Signatory)Place:Date:

48. The Contractor shall not permit or allow any information regarding the Work offSupply/design or any other part of the contracted work to be published in any scientific,engineering or any other newspaper, periodicals or publications without first obtainingthe written consent of the Purchaser.Notices49. Any notice required to or permitted by this contract shall be in writter.l EnglishLanguage and may be delivered personally or may be sent by FAX,TELEX,Cable orregistered pre paid airmail, addressed to the last known address of the part.Preservation& Maintenance50. The preservation of any item till its final installment and testing shall be theresponsibility of the supplier and the supplier shall bear all expenses arisen out of thisrequirement.51. Supervision of Installation, Commissionir1J~& Performance Guarantee Test.The Sl.!pp/j!;,f...maILbp responsible for satisfactory installation and commissioning of theitems supplied/developed/customized and shall take full responsibility for the satisfactoryperformance of the items supplied by him, in accordance with the Technical Specifications.Purchaser's and Sub-Lettin~of Contract52. Allproperty such as materials, drawings, documents, etc. issued by the purchaser orany other agency on behalf of the purchaser, in connection with the contract shallremain the property of the purchaser, and the supplier undertake the due return of allsuch property so issued and will be responsible for any losses there to resulting fromwhatever causes and shall reimburse the purchaser the full amount of such loss ordamage.Penaltv for user of undue influence53. The supplier undertakes that he has not given, offered or promised to give, directly orindirectly any gift, consideration, reward, commission, fees brokerage or inducement toany person in service of the PURCHASERor otherwise in procuring the Contracts or

a... :~l't_:..-~...- ..~forbearing to do or for having done or forborne to do nay act in relation to the obtainingor execution of the Contract or any other Contract with Government for showing orforbearing to show favour or disfavor to any person in relation to the or any othercontract with the Government. Any; breach of the aforesaid undertaking by the supplieror anyone employed by him or acting on his behalf (whether with or without theknowledge of the Supplier) or the commission of any offer the Supplier or anyoneemployed by him or acting 0 his behalf. A decision of the PURCHASERor his nominee tothe effect that a breach of the undertaking had been committed shall be final andbinding on the Supplier.54. Giving or offering of any gift, bribe or inducement or any attempt at any such act onbehalf of he Supplier towards any officer/employee of the Purchaser to any otherperson in a position to influence any officer/employee of the PURCHASERfor showingany favour in relation to this or any other contract, shall render the supplier to suchliability/penalty as the PURCHASERmay deem proper, including but not limited totermination of the contract, imposition of penal damages, forfeiture of the BankGuarantee and refund of the amounts paid by the PURCHASER.Amendments55. No provision of this contract shall be changed or modified in any way (including thisprovision) either in whole or in party by nay instrument in writing made after the date ofthis contract and signed on behalf of both the parties and which expressly states toamend this contract..! . ....... .......