Replies to Pre-bid Queries/ Suggestions

Supply, Installation and Maintenance of Computer Hardware at Directorate of Treasury & Accounts (DTA)
Replies to Pre-bid Queries/ Suggestions
NIT No. F3.3(03)/RISL/Tech/12/405 Dated 23-Apr-2012. Pre-bid held on 04-May-2012 at 3:00 PM
Sno RFP RFP Clause
Clause Details Query / Suggestions & Clarifications Replies
Pg.No. No.
WIPRO Ltd.
1 21 9-a As per draft Request for change as - In case of any change in VAT / Service tax
or any other levies, by the state of central government that will be
on account of department.
Please refer modified RFP
2 41 17-a The firm shall not assign or sub-let
its work or any substantial part
thereof to any other agency.
We have model of support through franchisee. Request you to
allow support through authorized partner. However that Wipro shall
be responsible for the performance of the sub-contractors and
agents so appointed
3 45 25-d Liquidated Damages Request for change to - a. Delay up to one fourth period of the
prescribed delivery period, successful installation & completion of
work 1.25%. b. Delay exceeding one fourth but not exceeding half
of the prescribed delivery period, successful installation &
completion of work 2.5%. c. Delay exceeding half but not
exceeding three fourth of the prescribed delivery period, successful
installation & completion of work 3.75% d. Delay exceeding three
fourth of the prescribed delivery period, successful installation &
completion of work 5%
4 51 32 As per draft Request for change as - Either Party may terminate this contract
upon written notice to the other in the event that: (a) the other Party
commits a material breach of the Agreement or SOW and fails to
cure such default to the non-defaulting Party’s reasonable
satisfaction within thirty (30) days after receipt of notice; or (b) the
other Party becomes insolvent or bankrupt, assigns all or a
substantial part of its business or assets for the benefit of creditors,
permits the appointment of a receiver for its business or assets,
becomes subject to any legal proceeding relating to insolvency or
the protection of creditors’ rights or otherwise ceases to conduct
business in the normal course. However, Purchaser will pay to
Vendor all the amounts for the materials already supplied and
services already rendered till the date of termination.
No change
No change
Notice period of 30 days
shall be provided. Pls. refer
modified RFP.

Sno
RFP
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RFP Clause
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Clause Details Query / Suggestions & Clarifications Replies
5 52 33 Settlement of Disputes All disputes shall be settled by a mutually appointed arbitrator in
accordance with the provisions of the Indian Arbitration and
Conciliation Act 1996. Standing committees decision should be
binding to the vendor. It should be as per the Indian Arbitration and
conciliation Act 1996.
6 53 B Payment Terms Request for change in payment term to 80% on delivery, 10%
against installation and balance 10% on submission of BG valid for
warranty period. Current payment term will be increasing the cost.
Kindly change.
7 54 c Site Not ready Wipro assumes that the sites shall be kept ready for installations
and acceptance well before deliveries. However, in case the
installation/ acceptance gets delayed beyond 15 days of delivery,
due to sites not ready or any other reason attributable to the
customer, the equipment shall be deemed to have been installed and
commissioned for the purpose of payment, warranty, title transfer
or any other related clause.
8 54 c payment within 60 days of Request you to change the payment term to maximum upto 30 days
submission
from the date of submission of invoice.
9 54 34 Service Level Agreement Request for change of call resolution time period for desktops as 24
business hours.
10 New To Add Risk, Title Transfer Request for change to - The Risk, Title and Ownership of the
Equipment shall pass on to the Purchaser upon dispatch of the
Equipment by the bidder. Insurance will be taken during transit
with Purchaser as beneficiary
11 New To Add Pass Through Warranty Since Wipro is acting as a reseller of completed products, Wipro
shall “pass-through” any and all warranties and indemnities
received from the manufacturer or licensor of the products and, to
the extent, granted by such manufacturer or licensor, the Customer
shall be the beneficiary of such manufacturer’s or licensor’s
warranties and indemnities. Further, it is clarified that Wipro shall
not provide any additional warranties and indemnities with respect
such products.
12 New To Add Savings Clause Wipro’s failure to perform its contractual responsibilities, to
perform the services, or to meet agreed service levels shall be
excused if and to the extent Wipro’s non-performance is caused by
No change
No change
No change
No change
Please refer modified RFP
No change
No change
No change

Sno
RFP
Pg.No.
RFP Clause
No.
Clause Details Query / Suggestions & Clarifications Replies
Company’s omission to act, delay, wrongful action, failure to
provide Inputs, or failure to perform its obligations under this
Agreement.
13 New To Add Customer Information Notwithstanding anything contained to the contrary herein, request
us to allow to share Contract/engagement/ project details and
relevant documentation to its customers/ prospective customers
solely for the purpose of and with the intent to evidence and
support its experience earned under this Contract.
14 New Deemed Acceptance If the deliverables are not accepted within the period of 10 (Ten),
and no rejection has been received by the Vendor, the deliverables
shall be deemed accepted.
15 58 Annexure 2/
Desktop
16 58 Annexure 2/
Desktop
17 60 Annexure 2/
Laptop
18 60 Annexure 2/
Laptop
Latest Kaspersky/ Quickheal/
TrendMicro/ Symantec Internet
Security (including all updates for 3
years from the date of
commissioning)
Installed with Latest version of
Open Office
Request you to allow to quote E-Trust antivirus software with
3years subscription. Current antivirus mentioned support specific
vendors.
Request you to kindly change the the term as department will
provide the media for the same.
14” TFT Colour display Please change the specs to 14" LED Backlit Display. These are
latest available notebooks.
Latest Kaspersky/ Quickheal/ Request you to allow to quote Bit defender Internet Security as
TrendMicro/ Symantec Internet well. Features are far better. Currently mentioned in RFP supports
Security (including all updates for 3 specific vendors.
years from the date of installation)
19 63 Annexure 2 /
Server
Server
HCL
20 15 4.4 Project Deliverables, Milestones &
Time Schedule
Please clarify, whether we need to quote for dual port or Quad port
NIC ?
We request to amend the Milestone-1 as "Item delivery &
installation - 60 Days (from Technical & Commercial Cleared
Work Order Date). This is requested because of multiple
component (11 Items) are asked in the tender, which are having
lead time min. 5-6 weeks and more. In addition to this the
installation & delivery has to happen at 34 locations all across
Rajasthan. We request you to please amend the delivery &
Installation Period as 60 Days at least.
No change
No change
No change
No change
Please refer modified RFP
No change
No change
Please refer modified RFP

Sno
RFP
Pg.No.
RFP Clause
No.
Clause Details Query / Suggestions & Clarifications Replies
21 19 5 g.v) To adjust any dues against the firm
from any other contract with RISL.
We request you to change this as it should not be interlinked with
any other contract within the department.
22 46 26 Warranty We request you to please give clarity on parts covered under
warranty as Adaptor of laptop, Battery of Laptop, Drum Unit for
Laser Printer. We are also assuming that Consumables will not
covered under warranty, Pls specify if any changes.
23 49 28 b) 29) Limitation of Liability: b) the We request the clause to be amended. Amended clause is as
aggregate liability of the Supplier to follows: 29) Limitation of Liability: b) the aggregate liability of the
the Purchaser, whether under the Supplier to the Purchaser, whether under the Contract, in tort, or
Contract, in tort, or otherwise, shall otherwise, shall be limited to the amount actually paid by the
not exceed the amount specified in Purchaser to the Bidder in respect of the Hardware/ Network
the Contract, provided that this Equipment/ Services that are subject matter of a claim subject to a
limitation shall not apply to the cost maximum of 10% of the contract value , provided that this
of repairing or replacing defective limitation shall not apply to the cost of repairing or replacing
equipment, or to any obligation of defective equipment, or to any obligation of the Supplier to
the Supplier to indemnify the indemnify the Purchaser with respect to patent infringement.
Purchaser with respect to patent
infringement.
24 50 32 a) 33) Termination: a) Termination for
Default: i. The tender sanctioning
authority of RISL may, without
prejudice to any other remedy for
breach of contract, by written
notice of default sent to the
contractor, terminate the contract in
whole or in part
25 51 32 c) c) Termination for Convenience:
i. RISL, by Notice sent to the
Supplier, may terminate the
Contract, in whole or in part, at any
time for its convenience.
26 51 32 c) iii. The Goods that are complete
and ready for shipment within
twenty-eight (28) days after the
Supplier‟s receipt of the Notice of
We request the clause to be amended. Amended clause is as
follows: 33) Termination: a) Termination for Default: i. The tender
sanctioning authority of RISL may, without prejudice to any other
remedy for breach of contract, by thirty (30) days written notice of
default sent to the contractor to cure the default and the Bidder fails
to cure the default within the notice period or fails to start
rectification process to the satisfaction of the Purchaser may
terminate the contract in whole or in part:
We request the clause to be amended. Amended clause is as
follows: c) Termination for Convenience: i. RISL, by Ninety days
(90) written notice sent to the Supplier, may terminate the Contract,
in whole or in part, at any time for its convenience.
We request the clause to be amended. Amended clause is as
follows:
iii. The Goods that are complete and ready for shipment within
sixty (60) days after the Suppliers receipt of the Notice of
No change
Warranty covers all capital
parts incl. UPS batteries
except consumable (drum
unit, etc.) items
No change
No change
No change
No change

Sno
RFP
Pg.No.
RFP Clause
No.
Clause Details Query / Suggestions & Clarifications Replies
termination shall be accepted by the
Purchaser at the Contract terms and
prices. For the remaining Goods,
the Purchaser may elect:
27 51 33 b) Standing Committee for Settlement
of Disputes
termination shall be accepted by the Purchaser at the Contract terms
and prices. For the remaining Goods, the Purchaser may elect:
We request the clause to be amended. Amended clause is as
follows:
Constitution of Standing Committee for Settlement of Disputes is
one sided. We request that provision of equal representation be
made in which the Bidder has right to select equal number of
members.
28 53 B) Payment Terms & Schedule We request you to amend the clause as "90% payment on delivery
& installation as we have to give upfront capital to all OEM's at
time of order of their products. This making our 21% payment held
for 3 yrs. will hit us financially in this project. This will also
increase the costing of your project as vendors will be adding the
interest of three years on the money hold by the department. We
request you to take bank Guarantee for rest 10% amount and
release the remaining 10% payment after three months of
successful & satisfactory completion. This will also Suffice
department need of holding the Bidder money so that Bidder
performs well within the warranty period. We request you to please
make the amendment accordingly.
29 18 5 e) Form of EMD We request you to please consider the Bank Guarantee of the same
amount also with DD / Bankers Cheque.
30 54 34 Service Level Standards/
we request you to amend the clause as: Call Attend for Server : 6
Requirements/ Agreement
Hrs. Call resolved: 14 Hrs.
31 58 Annexure - 2
(Tech.Spec.)
32 73 Annexure -
11
Item No.-1: Desktop : Keyboard :
OEM Mechanical keyboard
Financial Bid Undertaking (to be
filled by the bidder on eproc
website)
We request you to amend the following as "Mechanical keyboard
should be of the same make as of CPU". This will taboo the local/
Regional assemblers to bid in the tender, making a healthy
competition
Please give clarity about the Financial bid Undertaking whether the
format will be provided at the Eproc site or we have to make it on
our own. In addition to this whether the Financial Bid Undertaking
will be a part of technical Bid or financial Bid.
No change
No change
No change
Please refer modified RFP
No change
Financial Bid undertaking
is to be submitted along
with Technical Bid
33 39 14 e) Revision of any other tax or duty **In case there is any change in taxes/ duties/cess at the time of Please refer modified RFP

Sno
RFP
Pg.No.
RFP Clause
No.
Clause Details Query / Suggestions & Clarifications Replies
34 63 Item No.-7:
Server
shall be on account of the bidder.
HDD: 4 X 200 GB SFF SSD drives
delivery/ billing, due to Government announcements the same shall
be borne by the customer''
We request you to mend the clause as "4 x 300GB 2.5" 10K RPM
SAS HDD" as SSD drives will not give performance on Intel 7500
platform and will cost very higher whereas SAS will give the same
performance in very less price so saving govt fund in a way without
compromising on quality.
No change
Surbhi Electronet Pvt. Ltd.
35 58 &
Green Peace Rating Green Peace Rating consider from 2.5 or Higher Please refer modified RFP
60
36 15 4 Delivery & Installation Period 30 Days limit should be increased, at least 15 days more Please refer modified RFP
37 53 (B) Payment Term & Schedule 90% of the contract value should be release at the time of Delivery
& Installation & rest of value should be release against Bank
guarantee.
No change
Gupta Computers
38 46 26 Point B The comprehensive OEM on-site
warranty shall remain valid for
three years (including UPS
batteries) from the date of the last
installation. The warranty on
software media should be at least
90 days.
We suggest it to be changed to 3 years onsite warranty for all
products except for UPS batteries, for batteries it should be 1 year
as the industry standard. Media warranty for 90 days is also an
industry standard.
39 53 B Payment Schedule We request you to amend it with 90% against delivery & testing &
balance 10% within 1 month of acceptance of Stores as the
payment conditions mentioned here shall do no good but escalate
the cost of the project because the vendor has to load a certain
component in the cost so as to cover the cost of Funds that shall be
involved in this case for the period of 3 years. Performance security
in itself is sufficient enough to cover the losses of the department in
case the vendor fails to provide the services.
40 40 Clause 15 Form of PSD: PSD in the form of
cash will not be accepted. It may be
deposited in the form of Bank Draft
or Banker’s Cheque in favour of
“Managing Director, RajCOMP
Please add NSC / Post office Saving passbooks / Bank FD duly
pledged in favor of MD RISL also.
No change
No change
Please refer modified RFP

Sno
RFP
Pg.No.
RFP Clause
No.
Clause Details Query / Suggestions & Clarifications Replies
Info Services Limited” payable at
“Jaipur”.
41 New Entry Tax Issue The bid is not clear on entry tax issue for a vendor who is quoting
from outside Rajasthan. Please address this issue also
SAI Infosystems Ltd.
42 58 Item No. –
1:
Desktop
43 15 4. SCOPE
OF WORK
Green peace rating: The OEM of
Desktop should have a green peace
rating 3.5 or higher.
Milestone-1: Item delivery and
installation – 30 Days (from Work
Order Date)
In this regard, we would like to inform you that Green peace rating
3.5 is available with limited OEMs and this will restrict other
prospective bidders participate in the Tender. We request you to
amend the clause to: "The OEM Desktop should be green peace
certified." This will allow all the prospective bidders to submit a
comprehensive, qualitative and viable response. This will in turn
benefit your organization with better options.
Multiple OEM products have to be quoted to meet the solution. The
OEM takes around 3 to 4 weeks for delivery. Hence requesting you
to extend the Delivery & installation to 45 days.
No Change
Please refer modified RFP
Please refer modified RFP