Pre Bid response for supply of Laptops for ... - DOITC Rajasthan

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Selection of Vendor for supply of Laptops throughout the State of Rajasthan 

Rule details Query/Suggestion/clarification Response 

1 12 3) i Space for Help Desk We are expecting that Space provided will at free of cost, Please confirm. RISl shall provide necessary working 

space, furniture, electricity, internet 

connectivity at Free of Cost to 

facilitate the bidder in setting-up the 

Helpdesk 

As per amended RFP 

2 12 We are expecting that Electricity charges, Internet charges will be borne by 

RISL, Please confirm. 

3 12 We assume that the security for the Help Desk Setup will be provided by RISL, 

Please confirm. 

4 12 We are expecting that Other than Bench, RISL would also Provide the 

Working Bench, Chairs, AC, Furnishings etc. Please confirm. 

Yes 

Yes 

RISL will provide the working 

environment 

5 12 3) ii INR 10000 Per Seat Please clarify the basis of this calculation. To maintain 02 seats for 10 hrs. a 

day & 6 days a week, we require minimum 04 Persons considering the 

recommended Working hours/ week for an employee and Leave 

entitlements. 


6 13 4) A Phase-Delivery Schedule 

1, B Phase- 

2 

Whether the delivery of lots is planned district wise? If It is so, please share 

the details and schedule. 

Yes. Schedule is provided in the 

section "Delivery Schedule". Other 

relevant details shall be provided to 

the selected bidder.

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7 41 35. 

Payment 

Terms and 

Schedule 


2-Quarterly Helpdesk Reports 

(except for the last quarter) and 3- 

Final Quarter Helpdesk 

We have understood from this clause that 

First, 0.6% of our order value (for any single lot) shall be paid in advance 

before the start of first quarter. 

Second, 0.6% of our order value (for any single lot) shall be paid in advance 

before the start of second quarter. 

Third, 0.6% of our order value (for any single lot) shall be paid in advance 

before the start of third quarter. 

Fourth, 0.6% of our order value (for any single lot) shall be paid in advance 

before the start of fourth quarter. 

Remaining payment equivalent to 2.6% of the order value (for any single lot) 

shall be released after the completion of fourth quarter. 

We also understand that we shall be paid INR 20K for two persons required 

for helpdesk along with quarterly payment. 

Kindly confirm / advise. 

No advance payment shall be made. 

Read carefully point 35 (h) of 

Payment Terms and Schedule. 

0.6% of the order value, subject to 

the sum of this amount already paid 

not exceeding 5% of the Order Value 

+ actual cost of helpdesk for the 

quarter shall be paid after each 

quarter 

Remaining payment of the order 

value (not exceeding 5% of the order 

value) and actual cost of the helpdesk 

for the final quarter shall be made 

after completion of final quarter 

8 58 Annexure 

10 

Price bid 

HCL requests RajCOMP to kindly elaborate on how the cost for helpdesk will 

be taken into consideration or accounted for, as there is no separate section 

to mention the helpdesk prices but as per payment terms mentioned on page 

35 & 36 of the RFP, helpdesk payment to be released separately. 

As per amended RFP Please read 

Section 2. A. (ii) carefully 

9 New Proposed Clause for Tax 

Change 

The basic rates shall REMAIN FIRM during the tenure of the contract / As per RFP 

extended period of contract and NO ESCALATIONS, whatsoever shall either be 

claimed or considered. However In case any national or state statute or any 

local law or regulation or by-law of any duly constituted authority is changed 

or comes into force which results in extra costs/tax in relation to the 

provision of the goods/ Services, the consequential effect shall be to the 

account of the Purchaser and the same shall be borne by the Purchaser

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10 New Proposed Clause for Deemed 

Acceptance 







account of the Purchaser and the same shall be borne by the Purchaser 

11 22 24 Negotiations Sir, we understand the importance and urgency on this project and to 

increase the probability of successful implementation, may we propose to 

allow the interested bidders to quote for one or two lots so that chances of 

timely implementation of this scheme can be ensured. 

As per amended RFP

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12 38 29 29) Limitation of Liability: 

b) the aggregate liability of the 

Supplier to the Purchaser, whether 

under the Contract, in tort, or 

otherwise, shall not exceed the 

amount specified in the Contract, 

provided that this limitation shall 

not apply to the cost of repairing or 

replacing defective equipment, or 

to any obligation of the Supplier to 

indemnify the Purchaser with 

respect to patent infringement. 

We request the clause to be amended. Amended clause is as follows: 

29) Limitation of Liability: 

b) the aggregate liability of the Supplier to the Purchaser, whether under the 

Contract, in tort, or otherwise, shall be limited to the amount actually paid by 

the Purchaser to the Bidder in respect of the Hardware/ Network Equipment/ 

Services that are subject matter of a claim subject to a maximum of 10% of 

the contract value , provided that this limitation shall not apply to the cost of 

repairing or replacing defective equipment, or to any obligation of the 

Supplier to indemnify the Purchaser with respect to patent infringement. 

As per RFP 

13 40 33 c) Termination for Convenience: 

i. RISL, by a written Notice of at 

least 30 days sent to the Supplier, 

may terminate the Contract, in 

whole or in part, at any time for its 

convenience. 


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. 

As per RFP 

14 40 33 iii. The Goods that are complete 

and ready for shipment within 

twenty-eight (28) days after the 

Supplier's receipt of the Notice of 

termination shall be accepted by 

the Purchaser at the Contract terms 

and prices. For the remaining 

Goods, the Purchaser may elect: 


iii. The Goods that are complete and ready for shipment within sixty (60) days 

after the Supplier's receipt of the Notice of termination shall be accepted by 

the Purchaser at the Contract terms and prices. For the remaining Goods, the 

Purchaser may elect: 

As per RFP

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15 40 34) b Standing Committee for Settlement 

of Disputes 

We recommend the clause to be deleted as we prefer arbitration proceedings 

to be conducted as per Arbitration and Conciliation Act, 1996. Proposed 

clause is as follows: 

RISL and the selected Bidder shall make every effort to resolve amicably by 

direct negotiations any disagreement or dispute between them on any matter 

connected with the contract or in regard to the interpretation of the context 

thereof. If, after seven (7) days from the commencement of negotiations, 

RISL and the selected Bidder have not been able to resolve amicably a 

contract dispute, such differences and disputes shall be referred, at the 

option of either party, to the arbitration of one single arbitrator to be 

mutually agreed upon and in the event of no consensus, the arbitration shall 

be done by three arbitrators, one to be nominated by RISL, one to be 

nominated by the selected Bidder and the third arbitrator shall be nominated 

by the two arbitrators nominated as above. The arbitration proceedings shall 

be in accordance with the Arbitration and Conciliation Act 1996. 

As per RFP 

16 36 26 d) Liquidated damages: 

b) Liquidated damages: 

Delay up to one fourth period of the Delay up to one fourth period of the prescribed delivery period, successful 

prescribed delivery period, installation & completion of work: 2.5 % of the value of undelivered Goods/ 

successful installation & completion uninstalled work/ delayed services. 

of work: 2.5 % 

Delay exceeding one fourth but not 

exceeding half of the prescribed 

delivery period, successful 

installation & completion of work: 

5.0 % 

Delay exceeding half but not 

exceeding three fourth of the 

prescribed delivery period, 

Delay exceeding one fourth but not exceeding half of the prescribed delivery 

period, successful installation & completion of work: 5.0 % of the value of 

undelivered Goods/ uninstalled work/ delayed services. 

Delay exceeding half but not exceeding three fourth of the prescribed 

delivery period, successful installation & completion of work: 7.5 % of the 

value of undelivered Goods/ uninstalled work/ delayed services. 

Delay exceeding three fourth of the prescribed delivery period, successful 

installation & completion of work: 10.0 % of the value of undelivered Goods/ 

uninstalled work/ delayed services. 

successful installation & completion Kindly amend the LD item wise for the items only not delivered in time. 


Delay exceeding three fourth of the 

prescribed delivery period, 

successful installation & completion 



17 18 10. e . V To adjust any dues against the firm 

from any other contract with RISL 

Kindly amend it to the "same contract only" and not from any other project 

as it goes against Contract Law of Government of India. 

As per RFP

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18 17 9 Validity of Bid: 120 days Kindly amend the validity of Bids to at least 60/90 days. As per RFP 

19 41 35 Payment Terms & Schedule As vendor will give PSD of 5% amount for the period of warranty, We request 

you to make the payment terms as 100% on Supply & installation in place of 

95%. 

As per RFP 

20 Nil Nil New Proposed Clause: ERV Clause 

(Exchange Rate variation) 

We request you to please add Exchange Rate variation Clause or please make 

it a international bid where we can quote in Dollar & payment will also be 

made in dollar. These is very essential for meeting the challenges of 

fluctuating dollar in the current market scenario. 

As per RFP 

21 48 Annexure 

: 2 A 

New Proposed Clause: Item No.-A 

Laptop : Green Peace rating 3.0 or 

Higher 

Request you to please add the Green Peace rating certificate of 3.0 or higher 

in the tender so as to create a healthy competition among the vendors. 

As per RFP 


: 2 A 

Optical Drive : DVD R/W (16X 

higher) 

This is a non standard item for Laptop as generally 8x DVD Writer comes with 

Laptop. Kindly amend the same. 


23 43 37 Exit Management Vendor should not bear any cost or penalty or charge w.r.t Exit management. 

Buyer should bear all cost and charges. Also as per the clause number 37 B 

(iii) B page number 43, assets will get transferred after 3 years, which means 

the revenue will not get recognized for bidder for 3 years. Request you to 

kindly delete this clause. This is very important clause for deletion. Request 

you to kindly delete. 


24 43 37 -(b) - iii Title and Risk Transfer Vendor assumes that the title of ownership of the goods supplied under this 

contract is passed on the customer on delivering the material to the 

customer. Request your confirmation on this. Without this, revenue will not 

get recognized 

25 47 Annexure- 

1 

Period of end of sale (in months) & 

Period of end of service & Period of 

back to back support, updates and 

patches (in months) 

We appreciate this clause and would request you to specifically ask for 

Manufacturer Authorization Form (MAF) from the supplier of critical 

components such as CPU, Mother board, Operating System, Office and 

antivirus application. This MAF would be submitted by all OEM. 

26 18 EMD Form of EMD Please provide the bid bond (BG) format as bid document only has PBG 

format. 


As per RFP 

As per amended RFP

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27 48 Operating System (Latest) Please define your requirement. As per amended RFP 

28 22 24 (d) Negotiations In our opinion, this clause is not as per industry practices and can put a 

question mark on entire tender process. 

As per RFP 

Kindly reconsider your position on the same and delete the option of giving 

"written counter offer" to lowest and /or other bidders. 

We also request department to specify the basis of this "Written Counter 

Offer". 

29 22 24 (d) Best Value Bidder Please provide the definition of "best value bidder". "best value bidder" shall be 

considered as the responsive and 

eligible Bidder who has quoted the 

lowest price for and selected through 

this tendering process. 

30 Performance Security Deposit- f(iii) 

to adjust any dues against the firm 

from any other contract with RISL. 

i) …. Such as severing future 

business relation or black listing etc. 

Please reconsider your position and we propose that black listing should be 

purely on corrupt and fraudulent practices as GF&AR. 

As per RFP 

As per RFP 

31 30 (b) Right to 

Vary 

Changes of Bid Quantity- If the 

work order is placed up to 100% in 

Bidder should be assigned single PO for the Final quantity with decreased or 

Increased of Bid quantity. And additional PO for additional quantity shall be 

Quantities excess of the quantities mentioned supplied subject to prevailing price quoted by the bidder. 

: in the bidding document, the bidder 

shall be bound to meet the required 

supply 

As per RFP

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32 23 26 (d) If the issuance of formal Work 

Order is likely to take time, a Letter 

of Intent (LOI) may be sent 

Pursuant to this clause, please specify the start of delivery date. Would it be The start of the delivery date shall be 

from the date of issue of LoI or Work Order (WO) or acceptance of formal WO from the Date of Issue of Work 

by vendor? 

Order. 

33 30 9 (d) Delivery - Shifting the place of 

delivery destination: 

RISL/Department of Education shall 

be free to shift the place of delivery 

within the same district. The 

successful/ selected bidder shall 

provide all assistance including 

transportation in shifting of the 

delivered Items. 

34 33 20 ( c) ii Packing and Documents - The above 

Laptops shall be packed in cartons 

as per requirements of 

"distribution to individual District 

locations / Institutions / District 

Education Officer’s (DEO) office" 

Please specify the number of such instances as same would affect the pricing. 

In-case it is difficult to specify the same at this stage, we would request 

department to reimburse the vendor with actual cost. 

Please specify the number of locations or institutions / DEO office before 

hand that is before submission of financial bid. 

As per RFP 

As per RFP 

Final locations shall be provided to 

successful bidder. 


1 

Details of exact location for delivery 

at the District Headquarter shall be 

provided by RISL/ Department 

of Education, GoR to the successful 

bidder before the time of final 

delivery. 

Please specify the exact location for deliveries as this has financial 

implications 

Final locations shall be provided to 

successful bidder.

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36 48 Operating 

System/M 

S Office 


Related to bid estimated price 

We understand from bid document that department have provisioned a 

budget of INR 246.00 Crores for 56000 numbers of laptops. Based on this 

fact, budgeted per unit price stands at INR 21964.00 including all taxes. 

Further, we have understood from pre-bid meeting dated 9-Jan, that 

Microsoft component would be costing INR 2200.00 minimum. 

This takes the budgeted prices for hardware to INR 19764.00 and it is not in 

sync. with prevalent market environment. 

We hereby propose department to buy MS component separately directly 

from MS. 

As per RFP 


: 2 A 

OS: MS Windows 2007 Home Basic 

or Windows 8, whichever is latest 

launched and available in India at 

the time of delivery (National 

Academic) on Shape the Future SKU 

offered by Microsoft to 

Government of Rajasthan under 

MoU 

Please amend the OS as MS Win 7 Home Basic. Secondly please specify exact 

version of the OS as per the MOU signed between MS & Govt. of Rajasthan. 



: 2 A 

……..SKU with MS Visio , offered by 

Microsoft to Government of 

Rajasthan under MoU 

We are opinion that MS Visio is a software application meant for engineering 

students and we do not see any utility for students in Class VIII, X & XII. 

Further, there is no eco-system existing for getting training on this software. 

Can you reconsider your position on this requirement and do the needful to 

modify technical specifications accordingly. 

As per RFP 


12 

COMPONENTS OFFERED – BoM Please elaborate what is expected out of this Annexure-12 from us. Detail as required in the Annexure 

indicating make and mode of the 

laptop and reference and page 

number in the datasheet for 

complying the technical 

specifications as specified in 

Annexure-2. 

40 9 CHAPTER 

3: 

ELIGIBILITY CRITERIA 

We are assuming that this as per GF&AR and Government's procurement 

policy. Kindly confirm. 

As per RFP

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41 16 5 (d) The submitted Laptop Test Report 

shall not be dated more than two 

months prior to the last date of 

submission of Bids. 

As discussed during pre-bid meeting, we are expecting that test report dated 

four to six months prior to the last date of submission of bids can also be 

accepted. Please confirm. 


42 48, 50 Processor 

& Qualify 

Bench 

mark 

In today's scenario, it is becoming difficult to specify the CPU requirement as 

is evident form the discussion at pre-bid meeting. 

But we appreciate the efforts put-in by department to mention the 

performance bench marking with a score of 115 and latest generation X86 

dual core architecture processor. We, being one of the leading manufacturer 

of laptops and having India centric focus, are also of opinion that this rating is 

more than suitable. Your ask of ETDC / STQC certificate for the same would 

give all bidders a level playing field. 

As per RFP 

43 48, 50 Processor Further, as discussed during pre-bid meeting, we request you to allow each 

bidder to offer two different models with these major CPU manufacturers' 

products with a instruction to bidders to quote only one price for both 

models. Please note that same would help the bidder to offer better pricing 

and would also increase the competition and participation. Also note that 

many state government / organization / PSUs are allowing the same. 

As per RFP 

44 50 Education 

content 

*- The Education content on CD 

shall be provided by Department of 

Education to RISL and the same 

shall be… 

Such educational content have to be loaded before pre-dispatch inspection. 

In case of delay by RISL / DoE of give the content to the bidder, the bidder 

shall not be liable for delay. Please confirm. 

Agreed. 


45 41 CHAPTER 

6: TERMS 

AND 

CONDITIO 

NS OF 

TENDER & 

CONTRAC 

T 

35. c. Due Payments shall be made 

promptly by the purchaser, 

generally within sixty (60) days after 

submission of an invoice or request 

for payment by the supplier/ 

selected bidder, and the purchaser 

has accepted it. 

35. c. Due Payments shall be made promptly by the purchaser, generally 

within thirty (30) days after submission of an invoice or request for payment 

by the supplier/ selected bidder, and the purchaser has accepted it. 

As per RFP

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46 44 CHAPTER 

6: TERMS 

AND 

CONDITIO 

NS OF 

TENDER & 

CONTRAC 

T 


37. b. iii. That the products and 

technology delivered to 

Department of Education or RISL 

during the contract term or on 

expiry of the contract duration 

should not be sold or re-used or 

copied or transferred by bidder to 

other locations apart from the 

locations mentioned in the this bid 

document without prior written 

notice and approval of Department 

of Education or RISL. Supplied 

hardware, software & documents 

etc., used by bidder for Department 

of Education or RISL shall be the 

legal properties of Department of 

Education or RISL. 

We are not able to understand the context. Pls. clarify? 

Refers to educational content, other 

software and documents submitted 

to RISL/ Department of Education as 

part of this contract. 

As per RFP 

47 New Proposed clause: Notwithstanding anything to the contrary contained in the Agreement, in the 

event of termination of the Agreement by RISL for any reason whatsoever, 

RISL shall pay the selected Bidder the following amounts: 

As per RFP 

48 Consequences of Termination (a) The Agreement Price, attributable to the parts of the work(s) executed 

including Goods / Laptops and Related Services delivered (including also the 

Work in Progress) by the selected Bidder up to the date of termination. In 

respect of capital items deployed in the project, RISL must purchase at the 

Written Down Value (WDV) from the selected Bidder all IT & non-IT 

infrastructure and the software deployed. Written Down Value (WDV) shall 

be computed at depreciated value by applying ten per cent (10%) 

depreciation per annum on written down value basis, on the value of the 

infrastructure deployed hereunder. VAT and other taxes as applicable shall be 

payable by RISL on such WDV. In case RISL is unable to purchase as 

mentioned above, RISL must pay as Liquidated Damages on written down 

value of all IT & non-IT infrastructure and the software deployed by applying 

depreciation @ fifteen per cent (15%) per annum. 

As per RFP

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49 (b) The costs reasonably incurred by the Vendor in the ramp down / 

disengagement of selected Bidder’s personnel; 

As per RFP 

50 (c) Any amount to be paid by the selected Bidder to its sub-vendor’s in 

connection with the termination of any sub-vendor’s, including any 

cancellation charges; 

As per RFP 

51 (d) Costs incurred by the selected Bidder in protecting the work(s) and leaving 

the site in a clean and safe condition pursuant to this clause; and 

As per RFP 

52 (e) The cost of satisfying all other obligations, commitments, and claims that 

the selected Bidder may in good faith have undertaken with third parties in 

connection with the Agreement Work in progress. 

As per RFP 

53 The term “work in progress” shall include but not limited to the value of 

Goods / Laptops meant for delivery to RISL (i) for which manufacturing 

process was initiated by the selected Bidder; or (ii) order was placed by the 

selected Bidder on its sub-vendor’s, prior to the date of termination. 

As per RFP 

54 New Proposed clause: The selected 

Bidder’s right to Termination 

By the Selected Bidder: 

As per RFP 

55 The Selected Bidder may terminate this Agreement, by not less than thirty 

(30) days‟ written notice to RISL, in case of the occurrence of any of the 

events specified in paragraphs (i) through (iv) of this Clause: 

As per RFP 

56 i. If RISL fails to pay any money due to the Selected Bidder pursuant to this 

Agreement within thirty (30) days after receiving written notice from the 

Selected Bidder that such payment is overdue. 

57 iii. If RSIL fails to comply with any final decision reached as a result of 

arbitration pursuant to this Agreement. 

58 iv. If RSIL is in material breach of its obligations pursuant to this Agreement 

and has not remedied the same within forty-five (45) days (or such longer 

period as the Selected Bidder may have subsequently approved in writing) 

following the receipt by RSIL of the Selected Bidder’s notice specifying such 

breach. 

As per RFP 

As per RFP 

As per RFP

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59 New Proposed Clause: Pro-rata 

reduction of Performance Bank 

Guarantee 

Notwithstanding anything to the contrary contained in the Agreement, the 

Performance Bank Guarantee shall be reduced pro rata by the portion of the 

Agreement value payable for any Good(s) that have been delivered by the 

selected Bidder and achieved Acceptance / Deemed Acceptance. 

PBG shall be 5% of the Order value 

60 New Proposed Clause: Change in 

tax 

61 New Proposed Clause: Interest on 

Delayed payment and right to 

suspend and terminate 

In case any national or state statute or any local law or regulation or by-law of 

any duly constituted authority is changed or comes into force which results in 

extra costs/tax in relation to the provision of the Goods / Related Services, 

the consequential effect shall be to the account of RSIL and the same shall be 

borne by RSIL. 

RSIL shall release the payment due to the selected Bidder on or before the 

due date. Late payments shall automatically bear interest at an annual rate 

equal to 18% per annum compounded quarterly for the relevant delayed 

period, calculated from the date due until date of full payment. 

As per RFP 

As per RFP 

62 In the event RSIL fails to pay any amount to the selected Bidder on the due 

date, then and without prejudice to the exercise of any other rights or 

remedies which may be available to it and without incurring any penalties or 

liabilities, the selected Bidder shall be entitled to suspend performance of its 

obligations under the Agreement, following written notification to RSIL, until 

realization of full outstanding amount in respect of the Goods/ Related 

Services actually delivered and rendered and not paid for. In the event of 

suspension by the selected Bidder of the Agreement, the time schedule shall 

be automatically extended for the actual duration of the suspension and the 

selected Bidder shall be reimbursed by RSIL for any damage or additional cost 

incurred as a result of such suspension. If suspension period exceeds two 

months, the selected Bidder shall have the right to terminate the Agreement. 

As per RFP 

63 24 30 Right to Vary Quantities: Right to Vary Quantities: As per RFP

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64 a.At the time the Contract is 

awarded, the quantity of Goods and 

Related Services originally specified 

in the bidding document may be 

increased or decreased but without 

any change in the unit prices or 

other terms and conditions of the 

bid and the bidding document. 

a.At the time the Contract is awarded, the quantity of Goods and Related 

Services originally specified in the bidding document may be increased or 

decreased but without any change in the unit prices or other terms and 

conditions of the bid and the bidding document. However, such decrease 

cannot exceed more than ten percent of the Contract value. 

As per RFP 

65 30 CHAPTER 

6: TERMS 

AND 

CONDITIO 

NS OF 

TENDER & 

CONTRAC 

T 

9 d.Shifting the place of delivery 

destination: RISL/Department of 

Education shall be free to shift the 

place of delivery within the same 

district. The successful/ selected 

bidder shall provide all assistance 

including transportation in shifting 

of the delivered Items. 

9 d.Shifting the place of delivery destination: RISL/Department of Education 

shall be free to shift the place of delivery within the same district. The 

successful/ selected bidder shall provide all assistance including 

transportation in shifting of the delivered Items. The selected bidder shall be 

allowed to cost additionally in case RISL / Dept. of Education exercises the 

option to shift the place of delivery within the same district. 

As per RFP

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66 34 CHAPTER 

6: TERMS 

AND 

CONDITIO 

NS OF 

TENDER & 

CONTRAC 

T 


23. c. RISL may conduct inspection 

for which the cost shall be borne by 

the RISL. RISL shall undertake the 

pre-delivery inspection of the 

Laptops in accordance to the 

standard procedures being followed 

by RISL in Quality Inspection. The 

inspection team shall prepare a 

Report specifying satisfactory 

operational condition of the 

inspected laptops, gaps identified 

and necessary corrective 

measurements required by the 

Bidder. If RISL takes more than 3 

days to conduct the Pre- Delivery 

Inspection, the delay beyond 3 days 

shall not be taken into account for 

the purposes of imposing liquidated 

damages. 

23. c. RISL may conduct inspection for which the cost shall be borne by the 

RISL. RISL shall undertake the pre-delivery inspection of the Laptops in 

accordance to the standard procedures being followed by RISL in Quality 

Inspection. The inspection team shall prepare a Report specifying satisfactory 

operational condition of the inspected laptops, gaps identified and necessary 

corrective measurements required by the Bidder. If RISL takes more than 3 

days to conduct the Pre- Delivery Inspection, the delay beyond 3 days shall 

not be taken into account for the purposes of imposing liquidated damages 

and the lot of Goods will be considered as deemed accepted and ready for 

delivery. 

As per RFP 

67 48 Memory Memory Please specify whether you need DDR-3 or DDR-4 RAM. Is the frequency 

asked is working frequency for the RAM. Kindly confirm 

As per RFP 

68 24 28 - 

Conflict of 

interest 

Conflict of Interest 

We are assuming that definition of "party' is the bidding company (bidder) 

itself and all its subsidiaries. Kindly confirm. 

As per RFP 

69 9 Point 1 Eligibility Criteria We request you to please allow channel partner with one Bidder one OEM 

policy. 

As per RFP

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70 

9 

RFP Rule 

no. 

Chapter 3: 

Eligibility 

Criteria: 

Laptop 

Sales in 

India 


The Bidder should have sold 

minimum 50000 (Fifty Thousand 

only) Laptops in India each year 

during the last three financial year 

i.e. 2009-2010, 2010-2011 and 

2011-2012 

Request for change the clause to total of 1.5 Lakhs unit in last 3 calendar 

years instead f existing clause “The Bidder should have sold minimum of 1.5 

Lakh notebooks in India in last 3 calendar years i.e. from 1st January 2010 to 

31st December 2012” 


71 

11 

Comprehe 

nsive 

OEM 

Warranty 

and 

support 

services 

Provide comprehensive OEM 

warranty and support services 

through the designated Support 

Service Centres available at all the 

33 Districts 

Since the warranty has to be provided onsite, request you to remove clause As per amended RFP 

of having service centres at all 33 districts. Vendors cannot have 33 service 

centres / franchisees for services, since it is impossible to manage these many 

franchisees in the state and their are certain criteria for selecting a service 

franchisee. Vendors can have maximum of 2-3 service centres whose 

engineers are spread across the state for manage services of machines. These 

engineers does not have offices, but they operate out of these regions. Hence 

request you to kindly change the clause to have engineers at all locations with 

engineer contact details. Vendors can be monitored on SLA, as per RFP. 

Current clause is not practically possible. Request honorable committee 

members to consider this suggestion. 

72 

12 

Help Desk 

Setup: 

Pay Rs. 10000/- per seat per month 

and the cost of taking connection 

for Toll-Free number as well as the 

recurring rent and call charges for 

the Toll-Free numbers 

The working hours specified cannot be maintained by 2 help desk executives. 

As per working hours, atleast 4 resources has to be deployed to meet. Hence 

request to confirm the same. 


73 

18 

EMD 

To adjust any dues against the firm 

from any other contract with RISL. 

1. We request honorable committee members for deleting this clause. Due 

adjustment should be specific to the project, but not to be from some other 

security deposit or dues. One project should not be linked to other one. 

2. Also pls allow us to submit EMD in the form of Bid Boud BG. PBG is 

specifically for performance. Also allow us to submit the bid bound BG in 

bank format. 

1. As per RFP 

2. As per amended RFP

S. No RFP 

Page 

No. 

74 

18 

75 

21 

RFP Rule 

no. 


EMD Refer RFP In case of any fortfieght, we request you to kindly give atleast 30 days notice 

to the vendor. 

Taxes 

The evaluation shall include all 

costs and all taxes and duties 

applicable to the bidder as per law 

of 

the Central/ State Government/ 

Local Authorities 

We request you to allow us to quote the prices, for statutory levies, at extra. 

Any increase or decrease in price due to changes in statutory levies like 

excise, VAT, customs etc, will be duly passed on to the customer 

Request to Insert the below clauses : 

Any new levy of any tax, duty or cess etc will be passed over to the 

department. 

As per RFP 

As per RFP 

Please refer clause "Bid Prices" and 

"Taxes and duties" as menioned in 

the RFP 

76 

24 

Changes 

of Bid 

Quantity 

Refer RFP 

Prices are quoted with respect to the quantity, hence request to cap 

increase/ decrease of qty ordered, max upto 10% and only after the 

concurrence of the seller. This clause badly impacts the overall commercials. 

As per RFP 

77 

78 

79 

25 

25 

29 

Reservatio 

n of 

Rights 

Monitorin 

g of 

Contract 

Delivery 

and 

Installatio 

n 

Refer RFP Pls delete As per RFP 

Refer RFP Pls delete As per RFP 

The contract for the supply can be 

repudiated at any time by the 

purchase officer, if the supplies 

are not made to his satisfaction 

after giving an opportunity to the 

bidder of being heard and 

recording the reasons for 

repudiation. 

We request honorable committee members for change in this clause. Any 

repudiation should be done only after providing for a notice period of 30 days 

to cure the default 

As per RFP 

80 

30 

Performa 

nce 

Security 

Deposit 

f(iii) to adjust any dues against the 

firm from any other contract with 

RISL. 

i) …. Such as severing future 

business relation or black listing etc. 

Blacklisting should be purely on corrupt and fraudulent practices, as asked in 

this bid. In case of default, department can forfeited the EMD specific to this 

project, but not blacklist. Blacklisting impacts the overall company throughout 

nationally. 

As per RFP

S. No RFP 

Page 

No. 

81 

30 

RFP Rule 

no. 


PSD Refer RFP We request honorable committee members for change for1: Pls delete - "To 

adjust any dues against the firm from any other contract with RISL." 

2: Any forfeiture should be done only after providing for a notice period of 30 

days to cure the default. 

3: Pls delete - "Forfeiture of EMD/PSD shall be without prejudice to any other 

right of RISL to claim any damages as admissible under the law as well as to 

take such action against the Supplier/ Selected Bidder such as severing future 

business relation or black listing, etc". 

As per RFP 

82 

32 

Subcontra 

ct 

Refer RFP 

Maintenance of services through service franchisee or authorized partner 

should not be considered as sub contracting. Please confirm, if our 

understanding is correct. 

As per RFP 

83 

32 

Insurance a.The Goods supplied under the 

Contract shall be fully insured 

against loss by theft, destruction or 

damage incidental to manufacture 

or acquisition, transportation, 

storage, fire, flood, under exposure 

to weather and delivery at the 

designates project locations, in 

accordance with the applicable 

terms. The insurance charges will 

be borne by the supplier and 

Purchaser will not be required to 

pay such charges if incurred. 

Insurance required till when? Pls clarify. We understand that it is till delivery. 

Pls confirm. 

As per RFP 

84 

34 

Insurance Refer RFP 

Pls confirm for transit insurance upto delivery. Once the delivery challan is 

signed insurance will end and ownership will get transferred to department. 

As per RFP 

Please read the clause 21 (Insurance ) 

carefully.

S. No RFP 

Page 

No. 

85 

86 

35 

38 

RFP Rule 

no. 


LD Refer RFP 1. We would request the customer to modify this as "LD/ penalty for delay 

shall be levied at 0.5% per week for the late delivery/ undelivered portion of 

the equipment with a maximum of 5% of the late delivery / undelivered 

portion of the equipment value. 

2. Not withstanding anything contained in this tender the maximum LD/ 

Penalty should be capped @ 5 % cost of the undelivered/delayed delivered 

portion of the material. 

Limitation 

of Liability 

AS per draft 

Request for change in language to "Vendor shall not be liable for any 

indirect, punitive, consequential or incidental loss, damage, claims, liabilities, 

charges, costs, expense or injury, including, without limitation, loss of use, 

data, revenue, profits, business interruption, and loss of income or profits, 

that may arise out of or result from this Agreement, irrespective of whether it 

had an advance notice of the possibility of any such damages. The aggregate 

liability of Vendor under this Agreement, regardless of the form of the claim, 

shall not exceed the: (i) order value in case of products; (ii) fees received by 

Vendor under this Agreement during the six months preceding the date of 

such claim, in case of services. 

As per RFP 

As per RFP 

Vendor’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 

Vendor’s non-performance is caused by Customer’s omission to act, delay, 

wrongful action, failure to provide inputs, or failure to perform its obligations 

under this Agreement." 

87 

39 

Terminati 

on for 

Default 

AS per draft 

The Purchaser, without prejudice to any other remedy for breach of the 

Agreement, by written notice of 30 days of default sent to the Supplier, may 

terminate this Agreement in whole or in part: 

As per RFP

S. No RFP 

Page 

No. 

88 

39 

RFP Rule 

no. 

Change 

Orders 


Refer RFP 

We request for change in clause to 1: Any change order and amendment can 

be done only on mutual basis. Further vendor should have the right of refusal 

without incurring any liability for forfeiture of EMD/PBG or incurring any 

penalty/charge. 

2: Price for any change order to be mutually agreed on equitable basis. 

3: pls delete - "Prices to be charged by the supplier/ selected bidder for any 

related services that might be needed 

but which were not included in the Contract shall be agreed upon in advance 

by the parties and shall not exceed the prevailing rates charged to other 

parties by the supplier/ selected bidder for similar services." 

As per RFP 

89 

40 

Settlemen 

t of 

Disputes 

AS per draft 

Any disputes shall be first resolved amicably by discussion between the As per RFP 

Vendor and Customer, failing which the same shall be referred to and shall be 

settled by binding arbitration conducted by a sole arbitrator jointly appointed 

by both parties and governed by the Arbitration and Conciliation Act, 1996. 

90 

41 

Payment 

Term 

Refer RFP 

We request for change in payment term. We are anyway submitting security 

for the purpose of SLA monitoring. Pls change the clause to - 90% on delivery 

and 10% on installation and submission of bank guarantee for 10% of 

contract value. 

In case where site is not ready or any default because of buyer, full 100% 

payment has to be released within 30 days of delivery of goods to site. 

Full payment has to be made within 30 days of submission of invoice., Else 

penal charges of 1% pm or part thereof will be levied. 

As per RFP 

91 

SLA and 

Penalty 

Please confirm that the penalty will be caped to maximum of 5% of total 

contract value. 


42

S. No RFP 

Page 

No. 

92 

43 

RFP Rule 

no. 

Title and 

Risk 

Transfer 


All title of the assets to be 

transferred to Department of 

Education or RISL or its 

nominated agencies pursuant to 

clause(s) above shall be transferred 

on the last day of 

the exit management period 

Vendor assumes that the title of ownership of the goods supplied under this 

contract is passed on the customer on delivering the material to the 

customer. Request your confirmation on this. Without this, revenue will not 

get recognized. 


93 

43 

Exit 

Managem 

ent 

Refer RFP 

Vendor should not bear any cost or penalty or charge w.r.t Exit management. 

Buyer should bear all cost and charges. Also as per the clause number 37 B 

(iii) B page number 43, assets will get transferred after 3 years, which means 

the revenue will not get recognized for bidder for 3 years. Request you to 

kindly delete this clause. This is very important clause for deletion. Request 

you to kindly delete. 


94 

48 

Laptop 

Processor 

Latest generation X86, Dual Core 

(Intel Pentium/AMD Processor with 

processor Speed of 2.0 GHZ or 

higher with 2MB cache) 

Request you to kindly remove Pentium as a sub brand from the processor 

required from Intel, as the performance is being bench marked by the 

SYSmark rating mentioned in the tender document. Hence pls change the 

processor to "X86 dual core architecture " to avoid any confusion in platform 

available." 

As per RFP 

95 

Bill of 

Material 

We request department to please clarify what is meant the Period of end of 

Service as it is mentioned to be 24 months where as the warranty is 12 

months 

End of service is the period for which 

the OEM supports the product in 

terms of repair, spare parts etc. 

47 

Warranty shall be provided by the 

bidder for 1 year however OEM shall 

support the product for next 24 

months 

96 

49 

Technical 

Specificati 

on 

Optical Drive 

Please change the speed of the DVRW to 8x as that is the speed that we get in 

case of Slim DVDRW which are used in notebooks 


97 

49 

Technical 

Specificati 

on 

AC Power Adapter 

Request you to change the same to 110-240V as that is the industry standard, 

however the same would be tested to operate within the given range of 110- 

250V 

As per RFP

S. No RFP 

Page 

No. 

98 

49 

RFP Rule 

no. 

Technical 

Specificati 

on 


Battery Type 

Request you to change the battery back-up required to 3 hours as that a 

47Whr battery given in standard test conditions. 

As per RFP 

99 

50 

Technical 

Specificati 

on 

Qualifying Benchmark Please confirm whether the test score has to be given with Windows 7 

Professional which is generally the case or Windows 7 Home Basic which is 

the OS been given along with the machine, this is currently not clear as the 

requirement mentions that the score should be of the machine been 

supplied. 


100 

24-25 

Signing of 

Contract 

We request committee member to consider that Contract to be on mutually 

accepted terms and conditions. Wipro needs to have an option to accept/ 

reject applicable T&Cs. 

As per RFP 

101 

31-32 

Confidenti 

al 

Informati 

on 

Notwithstanding anything contained to the contrary herein, Wipro may 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. 

Confidentiality obligations to survive for a period of 3 years post disclosure of 

any confidential information. 

As per RFP 

102 Risk 

Purchase 

If Wipro, having been notified, fails to remedy the defect(s)/delays within 

thirty (30) days from date of receipt of notice of breach by Client and the 

defect becomes irremediable at Wipro's end, the Client may procure 

substitute goods/services from any third party and require Wipro to 

reimburse the Client for any additional costs incurred in procuring such 

goods/services from a third party up to a maximum incremental charges not 

exceeding 10% (Ten Percent) of the amount paid or payable if the 

goods/services are procured from Wipro. Risk Purchase only in case of full 

partial termination. This claim shall be payable if the Parties have failed to 

reach a resolution as per the dispute resolution process as agreed upon. 

As per RFP 

103 Sample Do we need to submit a sample of the machine been supplied to RISL or not, 

also clarify if a sample is required then what is the no. to be submitted. 

As per amended RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 

104 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. 

As per RFP 

105 Deemed 

Acceptanc 

e 

Deliverables will be deemed to be fully and finally accepted by Client in the 

event Client has not submitted a Acceptance certificate within 15 days from 

the date of installation/commissioning or when Client uses the Deliverable in 

its business, whichever occurs first 

As per RFP 

106 Pass 

Through 

Warranty 

Since Wipro is acting as a reseller of completed goods, Wipro shall “passthrough” 

any warranties and indemnities received from the manufacturer or 

licensor of such goods and, to the extent, granted by such manufacturer or 

licensor, Customer shall be the beneficiary of such manufacturer’s or 

licensor’s warranties and indemnities with respect to the products. Further, it 

is clarified that Wipro shall not provide any additional warranties and 

indemnities with respect to the products. 

As per RFP 

107 Saving 

clause 

Wipro may terminate this Agreement and/or any work order immediately As per RFP 

upon written notice to the other party, in the event the other Party commits 

a material breach of the Agreement and/or Purchase Order and fails to cure 

such default within thirty (30) days after receipt of such notice. Customer 

shall be responsible for payment of Services, Equipment and Software already 

provided by Wipro but not yet invoiced. There shall be no charges for 

termination of orders or for Services not yet provided and Wipro shall not be 

held liable for the same. 

108 Dispute 

Resolutio 

n 

This Agreement shall be governed by laws in force in India. In the event of 

any dispute arising out of this Agreement the same shall be settled by binding 

arbitration conducted by a sole arbitrator jointly appointed by both parties 

and governed by the Arbitration and Conciliation Act, 1996. The language of 

the arbitration proceedings shall be English. 

As per RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 

109 Splitting 

of order 


Request for addition 

We highly recommend that the deal should be splitted between 3 bidders i.e. 

L1 / L2 and L3 at the ratio 40% to L1, 30 % to L2 and 30% to L3, who ever 

matches the L1 prices. Since the quantity is large, this will be beneficial to 

department / Government and vendor. In case L2 bidder does not agrees to 

match the price, deal can be splitted between L1 & L3 (in case L3 agrees). In 

case L2 and L3 does not agree, L1 alone has to supply. Request to consider 

this clause. 


110 End of 

Sale / End 

of Life 

Request for addition 

Similarly as asked by SI to quote for models, which are not EOS and EOL, we 

request you to kindly specify in bid that the Processor and Motherboard for 

the supplied items also should not be declared EOS / EOL. Since the model 

numbers of any machine are governed by these 2 items, this will help in 

bringing clarity. 

As per RFP 

111 

112 

16 

16 

STQC / 

ETDC / 

ERTL 

testing 

Request for clarify Request you to kindly confirm the testing to be undertake by ETDC / STQC / 

ERTL? Please clarify in detail to avoid ambiguity 

It shall be in accordance with the As per our understanding the said ISO certification is not for IT. Request you 

Indian Standards - 14896:2001 as to kindly look in to the same and confirm. 

amended from time to time and 

also with the Technical Specification 

as specified in Annexure-2 and be 

done by any one 

of the below mentioned Testing 

Agencies 

Yes. As per RFP 


113 Page No 

9 

Laptop 

Sales in 

India 

Certification of IDC / Gartner 

Laptop OEM will be in Top 5 IDC/Gartner list in the Calendar Year 2012 / last 

four quarter put together 

As per RFP 

114 Page No 

14 

B) Payments to the bidder, after 

Payment successful completion of the target 

Terms and milestones 

Schedule 

Payment should be centralized & from RajCOMP on submission of complete 

documents asked in RFP 

As per RFP. 

The payments after completing the 

required formalities shall be made by 

RISL.

S. No RFP 

Page 

No. 

115 Page No 

16, point 

d 

RFP Rule 

no. 

ERTL/ETD 

C/STQC 

Test 

Report 


The Bidders shall submit Laptop test 

report for the proposed Laptop 

model 

We request RajCOMP to allow bidders to submit ERTL/ETDC/STQC test report 

obtained in last 5 months . This is to avoid duplication of work as 

ERTL/ETDC/STQC testing is time consuming and takes almost a month to 

complete the entire activity. 


116 Page No 

19 

15.Selecti 

on 

method: 

The selection method is Least Cost 

Based Selection (LCBS or L1). 

Because of tight delivery schedule we request RajCOMP to allow bidder to 

quote for one or two slots .This will help RajCOMP for smooth execution & 

fast delivery of entire One lakh twelve thousand laptops required by 

Government of Rajasthan. To ensure smooth and timely execution the order 

may be shared among L1,L2, L3 bidder at 40%,30%,30% ratio respectively. 


117 Page No 

48 

Operating 

System 

Win 7 Flavour of Windows7/Windows 8 should be allowed for supply with Laptops As per amended RFP 

118 Page No 

50 

Qualifying 

benchmar 

k with 

score 

BAPCO SysMark 2007 overall score 

of 115 or Higher for the supplied 

system. The bidder has to provide 

performance certificate of the 

system from ETDC / STQC. 

Kindly specify Win 7 / Win 8 for testing Report 


119 Annexur 

e-2 

120 Annexur 

e-2 

Technical 

Specificati 

on 

Technical 

Specificati 

on 

Qualifying Benchmark with Score 

Graphics Card 

We would like to request if BAPCO SysMark 2007 score can be replaced by 

other third party benchmark like Passmark (64 Bit) CPU score as AMD ceases 

to be a part of BAPCO Consortium 

AMD would like to emphasize the importance of graphics in today's era of 

visual computing and processor must support direct X11 or higher 

As per RFP 

As per RFP

S. No RFP 

Page 

No. 

121 57 

55 

RFP Rule 

no. 


Annexure- We agree to all the terms & 

9 conditions as mentioned in the 

Annexure- bidding document and submit that 

7 we have not submitted any 

deviations in this regard. 

1) HP requests that deviations to the tender terms & conditions be allowed. 

Upon down selection of vendor, both parties can enter into a definitive and 

mutually agreed contract. 

As per RFP 

Also, I/ we have thoroughly read 

the tender/ bidding document and 

by signing this certificate, we 

hereby submit our token of 

acceptance to all the tender terms 

& conditions without any 

deviations. 

122 10 4 * Testing by STQC / ETDC / ERTL (by 

Bidder) 

* 100% Quality inspection and 

testing (Internal by Vendor) 

* Pre-dispatch Inspection by RSIL - 3 

days 

* Sample inspection by Third Party 

Agency (TPA) - 7 days 

* Preloaded educational content - 

The soft copy of the educational 

content shall be provided by RISL / 

Department of Education before 

signing of the Agreement. 

* Delivery 1,12,000 Laptops in 33 

Districts in 2 phases 

* Post-delivery Inspection - by RISL 

with DoIT&C and Department of 

Education 

* Warranty - 12 months (including 

service center and helpdesk) 

1) Will the orders for the different lots be released separately or entire 

quantity will be released in a single order? 

2) Kindly confirm if the Billing will be done to "Govt of Rajasthan" or to 

"RajCOMP Info Services Limited"? 

3) The tender specifies three type of inspections - a) Pre-dispatch inspection 

by RSIL, b) Pre-dispatch Inspection by Third Party Agency, and c) Post 

Dispatch Inspection by RSIL & DOE. Please clarify if all the three inspections 

will be applicable to this order. 

4) Kindly confirm that the scope of vendor will be limited to only delivery and 

will not include installation/commissioning. 

5) Kindly confirm that the delivery will be done at District Headquarter level 

only. Who will be the authority to sign the Delivery Challan at all locations? 

6) We assume that signing of the "Delivery Challan" (Annexure-14), will 

constitute the final acceptance of the product. Kindly confirm! 

7) The document requirement for 95% payments includes the "Post Delivery 

Inspection report". Please clarify where and when this inspection will be 

done. Who will the the authority to conduct the Inspection? What will be the 

report format? What will be the maximum timelines to complete inspection? 

8) Kindly confirm that 'Help Desk' requirement will be for Warranty period 

only. 

9) Also, a Statement of Work to be mutually discussed and agreed needs to 

be drawn up and executed between the parties which will supersede the RFP. 

1. As per amended RFP. 

2. Yes billing will be done to RISL 

3. Yes . All 3 types of inspection shall 

be applicable 

4. Scope includes installation of 

preloaded Software including 

Operating System, Office Suite, 

Antivirus, Education Content given by 

RISL/ Department of Education and 

Other software as directed by RISL/ 

Department of education 

5. Delivery Location shall be at the 33 

District headquarters in the State of 

Rajasthan 

6. Final acceptance shall be subject to 

Delivery of laptop, completion of post 

delivery inspection and submission of 

documents given in Payment terms 

and schedule 

7. Post Delivery inspection may be 

conducted at district headquarter or 

at Jaipur. 

8.Yes helpdesk shall be for warranty 

period. 

As per amended RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 


123 13 4 * Consignee will be concerned 

District Education Officer or 

Authorized Representative from 

DoE, GoR or RISL at District 

location. Delivery challan in 

customer format (ANNEXURE-14). 

* Details of exact location for 

delivery at the District Headquarter 

shall be provided by RISL/ 

Department of Education, GoR to 

the successful bidder before the 

time of final delivery. 

* Phase - 1 (scheme for 2012-13): 

- Lot 1: 28000 within 45 Days from 

the Date of Work Order 








1) Considering the large volume of materials involved, we request for an 

extension of delivery period, as mentioned below: 


- Lot 1: 28000 within 75 Days from the Date of Work Order acceptance 

- Lot 2: 28000 within 105 Days from the Date of WO acceptance 




2) HP requests that the entire period required for pre-dispatch inspections 

(7+10 days) should be excluded from Delivery TAT, for calculation of any LD. 

Delivery period will be applicable from date of receipt of consignee details, 

road permit where applicable, and date of acceptance of Work Order by 

Vendor. 

5) Customer will need to provide the road permit required for delivery of 

materials. If road permit is not provided, customer will need to provide 

required declaration and the Entry tax applicable will be charged at actual to 

customer on submission of proof of payment. Kindly help to give your 

acceptance on the same. 



8 

UNDERTAKING ON AUTHENTICITY 

OF COMPUTER EQUIPMENTS 

1) Suitable changes to the Undertaking of Authenticity is requested to be 

made at the time of bid submission 

As per RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 


125 11 Chapter 4 * 12 Months from the date of 

acceptance of the delivery 

* Comprehensive and Carrying 

warranty including battery and 

adaptor. 

* SLA: T+7 - no penalty; > T+7 - Rs 

100/- per day; > T+90 - Remedial 

action by RSIL. 

* Applicable penalties shall be 

calculated on Quarterly basis. The 

total Penalty in each phase shall not 

exceed 5% of the total value of the 

Order. Default beyond 5% will be 

deemed to be an event for 

termination on default. 

* Warranty on supplied software 

media should be atleast 90 days. 

* Service centre in 33 Districts of 

Rajasthan - run by Bidder / 

Franchise / authorized distributors / 

dealers / authorized local partner of 

bidder OR undertaking to establish 

in all 33 Districts within 30 days 

from Date of Work Order and 

before signing of Agreement. 

Details to be provided as per 

ANNEXURE-13. 

* Helpdesk - to facilitate and 

monitor warranty services provided 

by the service centres. 2 seater help 

desk with toll free number at RSIL 

1) We also request you to remove the mandatory requirement of a service 

center in each District, which will have a significant impact on the cost of the 

project. HP will ensure to meet the required SLA, through its existing service 

setup in the state of Rajasthan. 

2) Warranty shall start from date of installation, or 1 month from the date of 

delivery, whichever is earlier. 

3) The Warranty will be for hardware. For all software only L1 diagnosis will 

be done by Vendor. HP provides third-party products, software, and services 

that are not HP Branded “AS IS” without warranties of any kind, although the 

original manufacturers or third party suppliers of such products, software and 

services may provide their own warranties. Eg. Software from Microsoft etc 

will be supported during warranty as per Microsoft warranty. 

1. As per amended RFP 

2. As per RFP 

3. As per RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 


126 36 26, d Delivery Default: 

Penalty as % of value of goods and/ 

or service which supplier has failed 

to supply: 

* Delay up to 1/4th of period of 

delivery, completion of work - 2.5% 

* Delay exceeding 1/4th but not 

exceeding 1/2lf - 5% 

* Delay exceeding 1/2lf but not 

exceeding 3/4th - 7.5% 

* Delay exceeding 3/4th - 10% 

The maximum amount of liquidated 

damages shall be 10% of the 

desired Lot. The percentage refers 

to the payment due for the 

associated milestone/lot. 

Warranty Default: 

* SLA: T+7 - no penalty; > T+7 - Rs 

100/- per day; > T+90 - Remedial 

action by RSIL. 

* Applicable penalties shall be 

calculated on Quarterly basis. The 

total Penalty in each phase shall not 

exceed 5% of the total value of the 

Order. Default beyond 5% will be 

deemed to be an event for 

termination on default. 

1) Kindly confirm that the aggregate Penalty for default in Warranty terms, 

during the complete Warranty period, shall not exceed 5% of the total value 

of the Order. 


127 18 10 * Rs. 4.92 Crore - Bankers 

Chq/DD/BG of Scheduled 

Commercial Bank, valid for Bid 

Validity. 

* The EMD taken from the bidder 

shall be forfeited in the following 

cases:- To adjust any dues against 

the firm from any other contract 

with RISL. 

1) Kindly confirm that Bank Guarantee from a scheduled bank will be 

acceptable. Also as per the RBI's norms, Bank may make suitable changes to 

the format of the Performance Bank Guarantee. 

As per amended RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 


128 31 15 * 20% of order value in form of BG 

* Within 15 days of notification of 

contract award 

* Refund after 3 months of the 

successful completion of the 

contract period i.e. 01 months after 

expiry of “Warranty and Support 

Services” of all the Laptops. 

1) Please specify the validity period (months) for the PSD. 

2) Also as per the RBI's norms, Bank may make suitable changes to the format 

of the Performance Bank Guarantee. 

1. As per amended RFP 

2. Bidders shall submit PBG as per 

the Template provided in Annexure - 

11 of the RFP Document 

129 41 35 Milestone: 

1) We understand that the bill submission to RISL and payment release will be 

* Complete Lot-1/2/3/4 of Laptops - done from a single centralized location. Kindly confirm the details where the 

95% (Docs - Inv, Post-DI Report, 

Delivery Challan) 

* Quarterly Helpdesk Reports - 

0.6% + Actual cost for Helpdesk 

* Final Quarter Helpdesk Report - 

Balance of PO + Actual cost for 

Helpdesk 

Period: 

bills need to be submitted and payment will be released. 

2) HP requests for release of balance 5% payment, against submission of 

Performance Bank Guarantee of 5% by the Vendor, valid till Warranty period. 

3) Kindly confirm that the vendor can raise bills and receive payments 

partially. Can vendor submit bills for locations where obligation is complete? 

4) For SNR (site not ready) cases, we request for release of 95% payments, 

against bidders undertaking to complete the installation when the site is 

ready. Balance 5% can be released against submission of Performance Bank 

* Payment period - Within sixty (60) Guarantee of 5% by the Vendor, valid till completion of Warranty period. 

days after submission and 

acceptance of an invoice. 

5) We propose that Bank will pay all invoiced amounts within thirty (30) days 

of HP's invoice date. 

As per RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 


130 24 30 * At the time the Contract is 

awarded, the quantity of Goods and 

Related Services originally specified 

in the bidding document may be 

increased or decreased but without 

any change in the unit prices or 

other terms and conditions of the 

bid and the bidding document. 

* If the work order is placed up to 

100% in excess of the quantities 

mentioned in the bidding 

document, the bidder shall be 

bound to meet the required supply. 

* If the tendering authority does 

not purchase any of the tendered 

articles or purchases less than the 

quantity indicated in the bidding 

document, the bidder shall not be 

entitled to claim any compensation. 

1) HP proposes to limit any quantity variation to 15% to 20%, of the quantity 

specified in RFP. Any increase of decrease greater than 15% to 20%, will need 

to be discussed and agreed with vendor. 

As per RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 


131 30 13 Recovery of liquidated damages, 

short supply, breakage, rejected 

articles shall be made ordinarily 

from bills. The Purchase Officer 

shall withhold amount to the extent 

of short supply, broken/ damaged 

or for rejected articles unless these 

are replaced satisfactorily. In case 

of failure to withhold the amount, it 

shall be recovered from his dues 

and performance security deposit 

available with RISL. The balance, if 

any, shall be demanded from the 

Supplier/ Selected Bidder and when 

recovery is not possible, the 

Purchase Officer shall take recourse 

to law in force. 

1) HP proposes for customer to claim any penalty amount separately and HP 

will pay any due amount separately. This is proposed in view of the 

accounting complicacy resulting from any deduction of due invoices. 

As per RFP

S. No RFP 

Page 

No. 

132 29 

47 

RFP Rule 

no. 

8, c 

Annexure- 

1 


* The bidder shall not quote and 

supply any hardware/ software that 

is likely to be declared as End of 

Sale for twelve months and End of 

Service/ Support for twenty four 

months from the date of bid 

submission. If any of the hardware/ 

software is found to be declared as 

End of Sale/ Service/ Support in the 

period mentioned above, then the 

bidder shall replace all such 

hardware/ software with the latest 

ones having equivalent or higher 

specifications without any financial 

obligation to the purchaser. 

* Period of back to back support, 

updates and patches - 12 months. 

* Period of end of sale - 12 months. 

* Period of end of service - 24 

months. 

1) As IT industry is very dynamic, there may be possibility of roll over models 

within 12 months. In cases of any such roll overs, vendor will make this 

available at no additional cost. Request to kindly remove the requirement of 

"replacement" for any such product roll overs. 

As per RFP 

133 30 9, d Shifting the place of delivery 

destination: RISL/Department of 

Education shall be free to shift the 

place of delivery within the same 

district. The successful/ selected 

bidder shall provide all assistance 

including transportation in shifting 

of the delivered Items. 

1) We can support for any reinstallation, but the cost of shifting, freight and 

transit documents will be responsibility of the customer. 

No. 

As per RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 


134 17 8, b * While tabulating the bids of those 

firms which are not entitled to price 

preference, the element of 

Rajasthan VAT shall be excluded 

from the rates quoted by the firms 

of Rajasthan and the element of 

Central VAT shall be included in the 

rates of firms outside Rajasthan. In 

such case, if the price of any 

commodity being offered for sale 

by firms in Rajasthan is the same or 

lower (excluding element of 

Rajasthan Sales Tax) than the price 

of firm outside Rajasthan (including 

element of Central Sales Tax), the 

commodity shall be purchased from 

the firm in Rajasthan. 

1) Please help to explain the reason (benefit to customer) of different tax 

treatment for local billing and billing from outside Rajasthan. 

As per State Policy / law 

As per RFP 

135 17 

30 

136 18 

31 

8, b 

14 

10 

15 

Taxes & Duties 

Forfeiture terms of EMD/PBG also 

includes: To adjust any dues against 

the firm from any other contract 

with RISL. 

1) Request your confirmation on below assumptions: 

- Taxes (VAT/CST/Service Tax) and Govt levies will be exclusive and to 

customers account. 

- Taxes and Govt levies will be at actual. Any changes in taxes/got levies will 

be to account of Customer. 

- Any road permit required for delivery will be provided by customer. 

Alternatively customer will provide the required declaration and the Entry tax 

applicable will be charged at actual to customer on submission of proof of 

payment. 

1) We request that the adjustment of the EMD or PBG is limited to any dues 

of this contract only. 

As per RFP 

Regarding road permit and entry tax, 

please read the clause "Purchaser’s 

Responsibilities" and "Taxes & 

Duties" of Chapter 6 carefully 

As per RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 


137 29 8 Unless otherwise stipulated in the 

Contract, the scope of supply shall 

include all such items not 

specifically mentioned in the 

Contract but that can be reasonably 

inferred from the Contract as being 

required for attaining delivery and 

completion of the goods and 

related services as if such items 

were expressly mentioned in the 

Contract. 

1) Scope to be limited to items quoted by Vendor, as per RFP requirement. As per RFP 

138 32 18 The bidder shall not assign or sublet 

his contract or any substantial 

part thereof to any other agency 

without the permission of 

Purchaser/ Tendering Authority, 

except for the following: 

· Setting-up a helpdesk 

· Establishment of Service Support 

Centres 

· Transportation of the Items 

mentioned in the annexure-1 to the 

destinations 

1) The Bidder will have the right to use subcontractors (also referred to as 

`Bidder's - authorized service providers` herein) to deliver products / provide 

services described in this Agreement. Notwithstanding the foregoing, the use 

of the subcontractors will not release HP from performing its obligations 

under this Agreement. 

As per RFP 

139 NA NA New Query 1) Kindly confirm if the OEM, can authorize its partner in Rajasthan for the 

purpose of execution of orders. The OEM will do the biding, negotiation and 

conclude the contract with customer directly. However, OEM will authorize 

its local partner to carry out all commercial activities with Customer - Order 

release, Billing, Payment collection etc. OEM will remain responsible to the 

customer directly for its obligations under the agreement. 


140 38 29 The aggregate liability of the 

Supplier shall not exceed the 

amount specified in the Contract 

HP requests that the aggregate liability of Supplier shall be limited to 

purchase order value. 

As per RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 


141 40 34 The existing clause provides for a 

Committee within the Customer's 

organization to decide on the 

dispute that arises between the 

parties. 

HP requests that after exhausting the option of settlement of disputes before 

the standing committee, it requests for an appointment of a Sole Arbitrator 

to decide the same. In this regard, it proposes the following:- In the event of 

any dispute or differences arising under these conditions or any special 

conditions of the contract in connection with this contract, or the 

construction, meaning, scope or operation or effect thereof, or the rights, 

duties or liabilities or the validity of the breach thereof, such dispute shall be 

referred to a sole arbitrator appointed by mutual consent of the both the 

parties and in the event of disagreement between the 2 parties, the 

appointment of the Arbitrator shall be made in accordance with the 

Arbitration & Conciliation Act, 1996. 

As per RFP 

142 49 Annexure - DVD Writer ( 16X or higher) Standard speed is 8X or higher , request you to pls amend the same As per amended RFP 

2 

143 49 Annexure - Office Suite 

HP requests that Acrobat Professional XI shall also be pre-installed in the As per amended RFP 

2 

laptop to allow the Students to collaborate with Teachers and create 

documents in PDF format, copy textual data from other PDF documents etc. 

144 16 STQC testing report validity is for 2 

months 

STQC testing Report validity to be relaxed from 2 months to 4 months 


145 

48 and 

50 

ANNEXUR 

E-2: 

TECHNICA 

L 

SPECIFICA 

TIONS 

Processor (Minimum): Latest 

generation X86, Dual Core (Intel 

Pentium / AMD Processor with 


higher with 2MB cache) . 

Qualifying benchmark 

with Score: BAPCO SysMark 2007 

overall score 

of 115 or Higher for the supplied 

system. The bidder has to provide 

performance certificate of the 

system from ETDC / STQC. 

BAPCO SYSMark2007 overall score of 115 is not the correct performance 

score for latest generation Intel Pentium processor (at 2.0 GHz/2MB ) based 

laptops. This score is so low that it is met by other Intel Dual Core Processors. 

Any of below Options can be chosen by deptt. to match the processor 

specifications with qualifying benchmark score: 

a. For latest Pentium based laptop, the desired score with qualifying 

benchmark BAPCO SYSmark2007 overall needs to be 140 or higher 

OR 

b. Processor specifications should be changed to: "Latest Generation, x86, 

Dual Core Processor". Since the specifications have already asked for 

performance ratings of 115, it will enable the bidders to select the optimal 

platform meeting the requirement. 

OR 

c. Latest Generation x86, Dual Core (Intel Pentium 2.0GHz / 2MB processor or 

equivalent AMD A6 processor as certified by STQC performance test report. 

As per RFP

S. No RFP 

Page 

No. 

146 

RFP Rule 

no. 


In the event of you considering processor Brand & model number approach 

below are the options: 

As per RFP 

48 

ANNEXUR 

E-2: 

TECHNICA 

L 

SPECIFICA 

TIONS 






AMD Dual core A4-3320M Processor OR Intel Dual Core B840 or higher. 

OR 

Intel Pentium B950 or AMD A6-4400M Processor or higher (where both are 

Dual Core Processors). 

OR 

Latest generation X86, Dual Core (Intel Pentium / AMD A6 Processor with 

processor Speed of 2.0 GHZ or higher) 

147 

48 

ANNEXUR 

E-2: 

TECHNICA 

L 

SPECIFICA 

TIONS 






Since none of the clause mentioned in the RFP gives the state got 

protection against obsolete products, 

Present specifications can be qualified by laptop based on even processor 

released in 2009. 

we suggest to add below in the CPU specifications: 

“Processor should not be launched before year 2012 “ 

List of Old & New Intel Pentium & AMD processors which qualifies the 

present specification” enclosed as appendix A 

As per RFP 

148 


1 

Annexure 

II- 

Technical 

Specificati 

ons (OS) 

MS Windows 2007 Home Basic or 

Windows 8 

Request to modify the same to - Microsoft Windows 7 Home Basic or 

Windows 8 

149 

2 

Annexure 

II- 

Technical 

Specificati 

ons 

(Antivirus) 

MS Security Essentials covers under 

MS PIL scheme which exist with 

GoR and MS MoU 

Request to modify the “MS Security Essentials” with “Microsoft Security 

Essentials/ Windows Defender”. 

As per RFP 

150 Legibility 

Criteria 

151 9 

Legibility 

Criteria 

The Bidder shall be an OEM and 

Registered in India on or before 1st 

April 2008 

Please allow consortium partner 

A Laptop OEM or his one authorized Partner are eligible to participate in the 

Tender who is registered in India on or before 1st April 2008. 


As per amended RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 

152 41 35. 

Payment 

Terms and 

Schedule 


Payment Terms and Schedule 

Lenovo requests RajCOMP to kindly elaborate the payment terms as it is not 

Transparent in the RFP 

As per RFP 

153 New Proposed Clause for Tax 

Change 







account of the Purchaser and the same shall be borne by the Purchaser 

154 22 24 Negotiations We also propose to put clause of dividing the total quantities between 

L1:L2:L3 at 40:30:30 Incase L2 and L3 Matches the L1 Commercials Also 

incase L2 and L3 doesn’t match the commercials of L1 This has to be Re- 

Tendered. Below are some key Advantage to Government and Department 

Incase the Splitting is agreed:- 

Incase the entire Quantity is awarded to L1 and considering the execution 

timelines is 120 Days but Incase this Quantity gets splitted in L1:L2:L3 then 

the entire project will be executed in much less time as mentioned the RFP. 

Incase the entire Quantity is awarded to L1 and L1 delays the delivery 

timeline because of any reason then Government's Prestigious project is 

impacted badly and Incase this is divided in L1:L2:L3 there is high probability 

that out of 3 Bidders if 2 has completed the execution then the Project is 70% 

Completely executed. 

Increases participation thus will Increase Healthy competition and best 

competitive commercials will be offered to the Government/Department 

Also Please note that Central Government/state governments and State 

Nodal Agencies Like ELCOT/UPLC/MPSEDC/AMTRON has implemented the 

same clause and are highly benefitted 


155 16 D ERTL/STQC/ETDC Test Reports Please elaborate the parameters of the Testing to be done through 

ERTL/STQC/ETDC 

Laptop Test Report shall include the 

test results for Performance Testing 

in complaince to the Technical 

Specifications and as per SYSmark 

rating mentioned in the RFP 

document

S. No RFP 

Page 

No. 

RFP Rule 

no. 


156 16 D The submitted Laptop Test Report 

shall not be dated more than two 

months prior to the last date of 

submission of Bids. 

Request to please amend the same as :-The submitted Laptop Test Report 

shall not be dated more than Six months prior to the last date of submission 

of Bids. 

As per RFP 

157 36 26 LD b) Liquidated damages: Delay up to one fourth period of the prescribed 

delivery period, successful installation & completion of work: 2.5 % of the 

value of undelivered Goods/ uninstalled work/ delayed services. Delay 

exceeding one fourth but not exceeding half of the prescribed delivery 

period, successful installation & completion of work: 5.0 % of the value of 

undelivered Goods/ uninstalled work/ delayed services. Delay exceeding half 

but not exceeding three fourth of the prescribed delivery period, successful 

installation & completion of work: 7.5 % of the value of undelivered Goods/ 

uninstalled work/ delayed services. Delay exceeding three fourth of the 

prescribed delivery period, successful installation & completion of work: 10.0 

% of the value of undelivered Goods/ uninstalled work/ delayed services. 

Kindly amend the LD item wise for the items only not delivered in time 

As per RFP 

158 17 9 Validity of Bid: 120 days Kindly amend the validity of Bids to at least 90 days. As per RFP 

159 New Proposed Clause: ERV Clause 

(Exchange Rate variation) 

160 48 ANNEXUR 

E-2: 

TECHNICA 

L 

SPECIFICA 

TIONS 

Optical Drive : DVD R/W (16X 

higher) 

We request you to please add Exchange Rate variation Clause or please make 

it a international bid where we can quote in Dollar & payment will also be 

made in dollar. NISCI has recently released an RFP which has ERV Clause and 

slowly Government Department has understood of having the same clause in 

the RFP 

This is a non standard item for Laptop as generally 8x DVD Writer comes with 

Laptop. Kindly amend the same. 

As per RFP 

As per amended RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 

161 48 ANNEXUR 

E-2: 

TECHNICA 

L 

SPECIFICA 

TIONS 


OS: MS Windows 2007 Home Basic 

or Windows 8, whichever is latest 

launched and available in India at 

the time of delivery (National 

Academic) on Shape the Future SKU 

offered by Microsoft to 

Government of Rajasthan under 

MoU 

Please amend the OS as MS Win 7 Home Basic. Secondly please specify exact 

version of the OS as per the MOU signed between MS & Govt. of Rajasthan 



1 

Period of end of sale (in months) & 

Period of end of service & Period of 

back to back support, updates and 

patches (in months) 

We appreciate this clause and would request you to specifically ask for 

Manufacturer Authorization Form (MAF) from the supplier of critical 

components such as CPU, Mother board, Operating System, Office and 

antivirus application. This MAF would be submitted by all bidders. 

As per RFP 

163 Operating System (Latest) Please note that Windows 8 operating system is now available but the 

statement mentioned can lead to the confusion at a later stage and 

department may not be getting the maximum value, hence and would 

request department to be specific on the same. 


164 14 24d Negotiations In our opinion, this clause is not as per industry practices and can put a 

question mark on whole tender process. Kindly reconsider your position on 

the same and delete the option of giving "written counter offer" to lowest 

and /or other bidders. 

As per RFP 

165 14 24d Best Value Bidder Please provide the definition of "best value bidder". As per RFP 

166 16 30 b Changes of Bid Quantity- If the 

work order is placed up to 100% in 

excess of the quantities mentioned 

in the bidding document, the bidder 

shall be bound to meet the required 

supply 

Bidder should be assigned single PO for the Final quantity with decreased or 

Increased of Bid quantity. An additional PO for additional quantity shall be 

supplied subject to prevailing price quoted by the bidder. 

As per RFP 

167 17 26 d If the issuance of formal Work 

Order is likely to take time, a Letter 

of Intent (LOI) may be sent 

Pursuant to this clause, please specify the delivery date 

As per RFP

S. No RFP 

Page 

No. 

RFP Rule 

no. 


168 18 48 Related to bid estimated price We understand from your bid document that department have provisioned a 

budget of INR 246.00 Crores for 112000 numbers of laptops. Based on this 

fact, per unit price stands at INR 21964.00 including all taxes exactly. Further, 

we have understood from today's pre-bid meeting that Microsoft component 

would be costing INR 2200.00 minimum, taking bare hardware price to INR 

19764.00 and this seems to be out of sync. with market conditions. We 

hereby propose department to buy MS component separately directly from 

MS and to provide the same to 

As per RFP 


12 

COMPONENTS OFFERED – BoM Please elaborate what is expected out of this Annexure-12 from us. Detail as required in the Annexure 

indicating make and mode of the 

laptop and reference and page 

number in the datasheet for 

complying to technical specifications. 

170 Additional Points Companies or his subsidiaries who are providing any kind of consultancy to 

Government/Department on this project may not be allowed to participate 

either Directly or Indirectly 

As per RFP

Pre Bid response for supply of Laptops for ... - DOITC Rajasthan

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