TAMILNADU e-GOVERNANCE AGENCY
(TNeGA)
தமிழ் நாடு
மின் ஆளுைம முகைம
REQUEST FOR QUOTATION (RFQ)
RFQ REFERENCE N
NO. TNeGA /OT/e-SIGN /2016-17
REQUEST FOR QUOTATION FOR SELECTION
OF e-SIGN
SIGN SERVICE PROVIDER FOR
TAMIL NADU e-GOVERNANCE
e GOVERNANCE AGENCY
(TNeGA)
NeGA) FOR A PERIOD OF TWO YEAR
Date of Release of RFQ
Pre-Bid Meeting
24.11.2016
29.11.2016
Last Date for Submission of RFQ
09.12.2016
Date of Opening of RFQ
09.12.2016
Office: Address : No.5/9, Kavignar Bharathi Dasan Salai,
Alwarpet, Chennai - 600 018
Phone: +91-44-2433
2433 6643
6643, Fax: +91-44-2433 7381, Email: [email protected]
Website: www.tnega.in
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
Table of Contents
Clause
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Clause
I
II
III
IV
V
VI
VII
VIII
Topic
PREAMBLE
SCOPE OF WORK
TECHNICAL SPECIFICATIONS
SERVICE LEVELS AGREEMENT
QUALIFICATION CRITERIA
LANGUAGE OF THE RFQ DOCUMENT
CLARIFICATION ON THE RFQ DOCUMENT
AMENDMENT OF RFQ DOCUMENT
AUTHORISATION OF THE BIDDER
AVAILABILITY OF THE TENDER
SUBMISSION OF RFQ DOCUMENT
EARNEST MONEY DEPOSIT
PRE-BID
VALIDITY
OPENING AND EVALUATION OF BID
PRICE BID
AWARD OF CONTRACT
SECURITY DEPOSIT
AGREEMENT
INDEMNITY
PAYMENT TERMS
CONFIDENTIALITY
PUBLICITY
INDEPENDENT SERVICE PROVIDER
SEVERANCE
NO WAIVER
NOTICE
TERMINATION OF CONTRACT
GENERAL CONDITIONS
ARBITRATION
JURISDICTION OF THE COURT
Annexures
COVERING LETTER
DETAILS OF THE BIDDER
ANNUAL TURN OVER STATEMENT
CERTIFICATE
CLARIFICATION ON RFQ DOCUMENT FORMAT
PRICE BID
CHECKLIST OF DOCUMENTS
CERTIFYING AUTHORITY’S LETTER OF GUARANTEE
Page No.
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Page No.
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
ACRONYMS
ASP
API
CA
CCA
DSC
EMD
ESP
OTP
KUA
KYC
LOA
MeitY
OCSP
RFQ
SP
SD
TNeGA
UIDAI
Application Service Provider
Application Programme Interfaces
Certifying Authority
Controller of Certifying Authority
Digital Signature Certificate
Earnest Money Deposit
e-Sign Service Provider
One Time Password
KYC User Agency
Know your Citizen
Letter of Acceptance
Ministry of Electronics and Information Technology
Online Certificate Status Protocol
Request For Quotation
Service Provider
Security Deposit
Tamil Nadu e-Governance Agency
Unique Identification Authority of India
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
IMPORTANT NOTICE
This tender procedure is governed by the Tamil Nadu Transparency in
Tenders Act, 1998 and the Tamil Nadu Transparency in Tender
Rules, 2000 as amended from time to time. In case of any conflict
between the terms and conditions in the tender document and the
Tamil Nadu Transparency in Tenders Act, 1998 and The Tamil Nadu
Transparency in Tender Rules, 2000 the Act and Rules shall prevail.
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
REQUEST FOR QUOTATION FOR SELECTION OF e-SIGN SERVICE
PROVIDER FOR TAMIL NADU e-GOVERNANCE AGENCY
(TNeGA) FOR A PERIOD OF TWO YEAR
1.
PREAMBLE
Introduction:
Tamil Nadu e-Governance Agency (TNeGA), the State Nodal Agency under Information
Technology Department registered under the Societies Act 1975 was formed to support
and drive all the e-Governance initiatives and schemes of the Government with the
objective of making all Government services, wherever feasible, accessible to the
common man in an efficient and transparent manner. As part of
e-Governance most of the services are delivered to the citizen in the electronic format. To
ensure the authenticity it is essential to have the document signed digitally using the
methods prescribed in the IT Act 2010 and subsequent amendments. In order to digitally
sign the documents, the digital signature key token are being issued by the Certifying
Authorities approved by the CCA. Instead of using the Hard form of DSC token for
signing the electronic document, it is proposed to introduce Aadhaar based e-Sign.
About e-Sign:
e-Sign facilitates digitally signing a document by an Aadhaar holder using an Online
Service. e-Sign is designed for applying Digital Signature using authentication of signer
through Aadhaar e-KYC service. This is an integrated service which facilitates issuing a
Digital Signature Certificate and performing signing of requested data by authenticating
the Aadhaar holder. Aadhaar ID is mandatory for availing the e-Sign Service. The
Government has introduced Electronic Signature or Electronic Authentication Technique
and Procedure Rules, 2015 in which the technique known as “e-authentication technique
using Aadhaar
e-KYC services” has been introduced for facilitating the e-Sign
Service.
Tamil Nadu e-Governance Agency (TNeGA) invites Request For Quotation (RFQ)
under the tender procedure governed by the Tamil Nadu Transparency in Tenders Act,
1998 and the Tamil Nadu Transparency in Tender Rules, 2000 as amended from time to
time, from e-Sign Service Providers (ESP's), a Certifying Authority (CA) under the control
of the Controller of Certifying Authorities(CCA) (Controller of Certifying Authorities),
Ministry of Electronics and Information Technology (MeitY), / Authorized by Certifying
Authority for providing e-Sign services for all e-Governance initiative of the State.
2.
SCOPE OF WORK
The agency should provide the following services with the technical specification
described in section under the heading “Technical Specifications” and service levels as
prescribed under the heading “Service Levels Agreement”.
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
1|Page
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
(a) The bidder shall provide e-Sign online electronic signature facility for various
service delivery application of TNeGA via open Application Programme Interfaces.
(API) to facilitate the Aadhaar holder to digitally sign the documents.
(b) The users in the e-service delivery application shall be able to electronically sign a
form / document anytime, anywhere and on any device, irrespective of any platform.
(c) The bidder’s e-sign solution shall provide configurable authentication option in line
with Aadhaar- e-KYC service. The bidder/ e-sign service provider (ESP) should
adhere to the processes, standards, guidelines prescribed by CCA and UIDAI for esign services.
(d) The ESP shall provide the e-sign facility through Aadhaar e-KYC with option of
either OTP or Biometric Authentication (Finger Print or Iris Scan) through the
registered mobile in the Aadhaar database.
(e) The bidder’s e-Sign solution shall ensure the privacy of the signer.
3.
TECHNICAL SPECIFICATIONS
E-Sign implementation will include preliminary evaluation of existing intended
ASP architecture and review of Physical Digital Certificate issuance process and
recommend ways for implementing and using e-Sign services for ASP’s
applications
.
It will also include issuance of Digital Signature Certificate by complying with
OCSP (Online Certificate Status Protocol) in the form of e-Sign which can be
stored at both ESP and ASP end for further use by staff / customers in ASP’s
applications. It also includes Creating new applications / Customizing existing
applications / integrating existing applications as per the requirement of the ASP
for end to end integration with e-Sign Service Provider.
Integrating with open API to connect the ASP's applications with ESP and UIDAI
to enable intended ASP to send requests to ESP and receive response from ESP
and authenticating the end user through Aadhaar e-KYC service.
Transferring data for user authentication from ASP's applications to UIDAI server
and receiving data of the authenticated user from UIDAI server and displaying it
to the end user through ASP's applications.
Specifications of any hardware, database, software licenses and bandwidth
required at ASP's end for implementation of e-Sign solution needs to be
provided by the ESP. Hardware procurement and maintenance of hardware,
software and network required for setting up of solution at ASP's end will be
undertaken by the ASP during the contract period.
Providing technical support for issues faced by the end users while using e-Sign
applications during contract period will be responsibility of the ESP. Training of
the ASP's employees / contact centre agents for handling the troubleshooting of
functional and common issues faced by the end users while using e-Sign
application.
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
2|Page
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
The solution needs to be in compliance with the requirements laid down by
Controller of Certifying Authorities from time to time. The solution needs to
comply with the audit observations / requirements laid provided by ASP’s Audit
Department or any third party agency hired by ASP for audit purpose during the
contract period. Cost for any changes made to solution for ensuring such
compliance will be taken care by ESP only.
4.
SERVICE LEVELS AGREEMENT
Measurement
Definition
Target
Penalty
1. Availability of
ESP
applications to
facilitate UID
authentication
and e-Signing
Uptime
=
{
1
[(Application
Downtime)/(Total
Time)]}
Total time shall be measured on
24*7 basis Downtime required for
maintenance,
new
initiatives
undertaken by ASP or for
performance
enhancement
measures shall be done after
preceding in advance by ASP & ESP
Downtime shall be measured from
the time the application become
unavailable (due to any reasons
whatsoever attributable to ESP) for
business processing to the end user
or ASP to the time it becomes fully
available for the above stated
business processes
1.Minimum
99.5% up
time measured
on a
monthly basis
No Penalty
2. >=99.0% to
<99.5% up time
measured on a
monthly basis
0.5% of
Service Charge
>=95.0% to
<99.0% up time
measured on a
monthly basis
3% of Service
charge
<95.0% up time
measured on a
monthly basis
4.0% of
Service Charge
and contract
will be
reviewed
2. ESP response
time
The response time shall be measured at the ASP end. The response
time shall be measured from the time ASP sends the request to ESP
until the response is received from SP at the ASP end.
1. ESP forwards the user’s Aadhaar Minimum 95% No Penalty
number to UIDAI. This process of transactions
should ideally take 10 seconds.
are completed
in
the
designated time
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
2. < 95% of 2% of Service
Transactions
Charge
are completed
in
the
designated time
2.The OTP/ Biometric of user are Minimum 95% No Penalty
forwarded to UIDAI. This process of transactions
should ideally take 20 seconds
are completed
in
the
designated time
2. < 95% of 2% of service
Transactions
charge
are completed
in
the
designated time
3.Response from
UIDAI system
There might be situations where
the UIDAI system fails to respond
for no fault of ASP or ESP. In such a
case No penalty for ESP
No Penalty
4. Incident
Management
Incidents logged by ASP should be
resolved within a stipulated time.
The time stipulated for solving the
incident would vary depending
upon the severity level. The
severity level as well as the time
required to solve each of it needs
to be decided mutually by ASP and
ESP. Response time is the time
taken by ESP to acknowledge the
incident raised by ASP. Ideally for
high priority incidents it should be
within 30 minutes and between 3060 minutes for others. Resolution
time is the time taken by ESP to
come up with a solution for the
incident raised by ASP
Minimum
No Penalty
98.0% of the
incidents
are
handled
by
effectively
Tamil Nadu e-Governance Agency
< 98% of the 2 % of service
incidents
are charge
handled
by
effectively
Signature of the Applicant with seal
4|Page
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
5.
QUALIFICATION CRITERIA
Clause Qualification Criteria
Supporting Document
3(a)
The Bidder shall be a Company registered
in India under the Companies Act 1956 /
Partnership Firm / Sole Proprietorship Firm
or a Government entity registered under
Societies Act and existing for the past 3
years as on 31.03.2016
The Bidder shall provide the
Certificate of Incorporation for
Registered Companies, Partnership
Deed for Partnership Firms / VAT
or Service Tax Registration
Certificate for Sole Proprietorship
Firms or
Certificate of
registration under Societies Act.
3(b)
The Bidder shall be a Certifying Authority
licensed by the Controller of Certifying
Authorities or Authorized by Certifying
Authority (as per Annexure VIII)
Copy of Authorization letter from
CA or Copy of Certification /
License
issued by CCA
(Controller
of
Certifying
Authorities) for CA (Certifying
Authority) shall be enclosed which
is valid upto 30.09.2016.
3(c)
The Bidder shall have an Annual Turnover Copies of the Audited Annual
of Rs.4 Crores or above in the last three Reports containing the Balance
Successive Audited Financial Years.
sheets and Profit and Loss account
for the last 3 Audited Financial
years. (2015-16, 2014-15 and
2013-14).
3(d)
The Bidder should have enrolled as KYC
User Agency (KUA) with UIDAI
3(e)
The Bidder should have successfully Copy of details to be enclosed
provided/ providing eSign service for
atleast one agency either Government or
Limited company.
3(f)
The Bidder should have option for Aadhar Copy of details to be enclosed
user based pricing for e-Sign, and have
provided for atleast one ASP.
3(g)
The Bidder should have performed more Copy of details to be enclosed
than 20,000 Successful e-Sign transaction
(Cumulative)
3(h)
The bidder should not have been black The declaration form as per
listed by TNeGA or any other Government Annexure IV should be enclosed
agency
Tamil Nadu e-Governance Agency
Copy of the enrolment details to
be enclosed
Signature of the Applicant with seal
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
6.
LANGUAGE OF THE RFQ DOCUMENT
The RFQ document prepared by the bidder as well as all correspondences and documents
relating to the RFQ shall be in English language only. If the supporting documents are in
a language other than English/Tamil, the notarized translated English version of the
documents should also be enclosed. RFQ document received without such translation
copy will be rejected.
7.
CLARIFICATION ON THE RFQ DOCUMENT
Any discrepancies, omissions, ambiguities or conflicts in the RFQ document or any
doubts as to their meaning and any request for clarification may be sent in writing to “The
Chief Executive Officer, Tamil Nadu e-Governance Agency, No,5/9, Kavignar Bharathi
Dasan Salai, Alwarpet, Chennai – 600 018” or through e-mail to [email protected]
and [email protected] as per Annexure-V. The Chief Executive Officer will review
the same, and where information sought is not clearly indicated or specified in the RFQ
documents, will issue a clarifying bulletin. The Chief Executive Officer will neither make
nor be responsible for any oral instructions. Request for clarification should be brought to
the notice of the Chief Executive Officer, in writing, before 48 hours of the opening of the
RFQ document.
8.
AMENDMENT OF RFQ DOCUMENT
TNeGA whether on its own initiative or as a result of a query, suggestion or comment of
an Bidder or a Respondent, may modify the RFQ document by issuing an addendum or a
corrigendum at any time before the opening of the RFQ document. Any such addendum
or corrigendum will be implemented in tnega.in and tenders.tn.gov.in. Also will be
communicated through mail to all the bidders who have attended the pre bid meeting and
the same will be binding on all Bidders, as the case may be. All the bidders are instructed
to periodically check these websites for updates. TNeGA is not responsible for not
noticing the updates in the website.
9.
AUTHORISATION OF THE BIDDER
(a) The RFQ document should be signed on each page by the bidder or by the person
who is duly authorized for the same by the bidder.
(b) A letter of Authorization from the competent authority authorizing the official to
sign the RFQ documents should be submitted.
10.
AVAILABILITY OF TENDER
The
tender
document
is
available
at tenders.tn.gov.in and tnega.in.
Prospective bidders desirous of participating in this tender may view and download the
tender document free of cost from above mentioned website.
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
6|Page
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
11.
SUBMISSION OF RFQ DOCUMENT
(a) Every page of the terms and conditions of the RFQ document should be signed and
enclosed, in token of having accepted the RFQ conditions. Failing which the RFQ
will be rejected summarily.
(b) Bidders should ensure submission of all documents along as per the Check list given
in Annexure -VII.
(c) Bidders are requested to submit RFQ document in two cover system, Technical Bid
in Envelop 1 & Price Bid in Envelop 2 duly sealed and put in a separate sealed
cover superscripted as “Request for Quotation for Selection of e-Sign Service
Provider
For
Tamil Nadu e-Governance Agency (TNeGA) for A Period of Two Years and
addressed to “The Chief Executive Officer, No.5/9, Kavignar Bharathi Dasan Salai,
Alwarpet, Chennai 600 018", containing the name and address of the Bidder. RFQ
documents submitted with unsealed cover would summarily be rejected.
(d) RFQ document should be dropped only in the drop box kept at “Tamil Nadu
e-Governance Agency (TNeGA) No.5/9, Kavignar Bharathi Dasan Salai, Alwarpet,
Chennai 600 018" on or before 3.30 PM on 09.12.2016”. RFQ documents will not
be received by hand.
(e) Alternatively, the RFQ documents can be submitted through registered post so as to
reach the above address on or before 3.30 PM on 09.12.2016. RFQ documents
received after the specified time will not be considered and TNeGA will not be
liable or responsible for any postal delays.
(f) A RFQ document once submitted shall not be permitted to be altered or amended.
12.
EARNEST MONEY DEPOSIT
(a) The RFQ document should be accompanied by an Earnest Money Deposit (EMD)
to the value of Rs.1,00,000./- (Rupees One Lakh Only) in the form of a Demand
Draft or Banker’s cheque drawn on any Indian Nationalized/Scheduled Commercial
Bank in favour of “Tamil Nadu e-Governance Agency”, payable at Chennai. The
EMD in any other form will not be accepted. The Earnest Money Deposit will be
returned to the unsuccessful bidders.
(b) The Earnest Money Deposit will be retained in the case of successful bidder and it
will not earn any interest and will be dealt with, as provided in the terms and
conditions of the RFQ document.
(c) Any request of the bidder, under any circumstances claiming exemption from
payment of EMD will be rejected.
(d) The amount remitted towards EMD is liable to be forfeited in case the bidder fails to
execute the contract after submission of the RFQ document or after acceptance of
the offer by TNeGA or fail to sign the Agreement or to remit the Security Deposit.
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
7|Page
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
13.
PRE BID
There will be a Pre-bid meeting with the vendors on 29/11/2016 at 3.30. PM at
Tamil Nadu e-Governance Agency, No.5/9, Kavignar Bharathi Dasan Salai, Alwarpet,
Chennai – 600 018,
14.
VALIDITY
a) The rate quoted in the bid is valid for 180 days.
b) The validity of empanelment is for a period of two year.
c) Extension of Agreement of Contract is valid for one more year upon agreement
between TNeGA and bidder.
15.
OPENING AND EVALUATION OF BID
(a) The Bids received up to 3.30 PM as per the office clock 09.12.2016 will be taken up
for opening. RFQ document received after specified date and time will not be
accepted. The Technical Bid (Envelop I) will be opened by The Chief Executive
Officer, Tamil Nadu e-Governance Agency or by the Person/Committee authorized
by him at 04.00 PM on the same day in the presence of the available bidders/
representatives of the bidders who choose to be present. The bidders or their
authorized agents are allowed to be present at the time of opening of the Bids.
(b) The Chief Executive Officer, Tamil Nadu e-Governance Agency or
Person/Committee authorized by him will inform the attested and unattested
corrections, before the bidders and sign all such corrections in the presence of the
bidders. If any of the bidders or agents is not present then, in such cases the
Person/Committee will open the Bids of the absentee bidder and take out the
unattested corrections and communicate it to them. The absentee bidder should
accept the corrections without any question whatsoever.
(c) Price Bid (Envelop II) of the technically qualified bidders only will be opened.
Date of opening of the price bid will be intimated only to the technically qualified
bidders.
(d) If the date fixed for opening of the RFQ document happens to be a Government
holiday, the sealed documents will be received up to 3.30 PM on the next working
day and opened at 04.00 PM on the same day.
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
8|Page
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
16.
PRICE BID
(a) The price bid should be prepared as per Annexure-VI.
(b) The rate should be quoted for e-Sign service charge per transaction, exclusive of
Service Tax separately.
(c) The rate should be quoted for e-sign service charge for maximum number of
documents that are permissible in a single e-sign transaction separately.
(d) The rate should be quoted for e-sign service charge per Aadhaar user per year
separately.
(e) The rate should be neatly and legibly written both in figures and words.
(f) In case of discrepancy between the prices quoted in words and figures lower of the
one shall be considered.
(g) Price bid should not contain any commercial conditions. Variation in the
commercial terms and conditions of the Bids will not be accepted.
(h) The rate should be valid for a period of Two years from the date of issue of Letter of
Acceptance (LoA), which shall be renewed for further period based on satisfactory
performance.
17.
AWARD OF CONTRACT
(a) The bidder who has quoted lowest rate will be considered
(b) Upon finalization of rate, TNeGA will issue the Letter of Acceptance (LoA) to the
successful bidder.
18.
SECURITY DEPOSIT
(a) On receipt of the Letter of Acceptance from the TNeGA, the successful bidder
should remit 5% of contract value as Security Deposit (SD) in the form of a
Demand Draft or Banker’s cheque drawn on any Indian Nationalized/Scheduled
Commercial Bank or irrevocable Bank Guarantee with a validity period of 25
months in favour of “Tamil Nadu e-Governance Agency”, payable at Chennai,
within 10 (Ten) working days from the date of receipt of letter of acceptance. The
EMD shall be adjusted with the Security Deposit.
(b) Any other amount pending with TNeGA will not be adjusted under any
circumstances, against the Security Deposit if so requested.
(c) If the Security Deposit amount is not paid within the time specified, the EMD
remitted by the bidder shall be forfeited, besides cancelling the communication of
acceptance of the LoA.
(d) Security Deposit amount remitted will not earn any interest.
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
9|Page
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
19.
AGREEMENT
The successful bidder should execute an agreement as may be drawn up to suit the
conditions on a non-judicial stamp paper of value, as prescribed in law on the date of
remittance of Security Deposit and shall pay for all stamps and legal expenses incidental
thereto. In the event of failure to execute the agreement, within the time prescribed, the
SD amount remitted by the bidder will be forfeited besides cancelling the RFQ.
20.
INDEMNITY
(a) Agency shall indemnify and keep indemnified TNeGA from and against any claims,
damages losses, costs and expenses to the extent directly attributable to the agency
for actual extent of loss, suffered by TNeGA on account of :
(i) Non-compliance with applicable laws court or statutory order or any action by
any statutory, administrative or regulatory body.
(ii) Any gross negligence or willful misconduct of the employees of agency.
(b) TNeGA shall indemnify and keep indemnified Agency from and against any claims,
damages, Losses, costs and expenses, suffered by Agency on account of:
(i) Non-compliance or violation of applicable law, court or statutory order or any
action by any statutory, administrative or regulatory body.
(ii) Any gross negligence or willful misconduct or error on the part of TNeGA.
21.
PAYMENT TERMS
The payment will be released in Eight equal instalments over the period of Twenty Four
months.
At the end of each instalment (3 months) 25% of the Annual Contract value will be
released after deducting Penalty if applicable as per the Service Level Agreement..
22.
CONFIDENTIALITY
(a) Each Party recognizes that in the course of the transactions envisaged by this
Contract, it may be privy to certain confidential information (whether or not the
information is named or designated as "confidential" or 'proprietary") relating to the
other Party and its businesses including legal, financial, technical, commercial,
marketing and business related records, data, documents, reports, etc., client
information, the terms of this Contract and the details of the negotiations between
the Parties (the "information"). For the purpose of this Section, the Party disclosing
information shall be referred to as Disclosing Party' and the Party receiving
Information shall be referred to as Receiving Party. The Receiving Party agrees that
it shall:
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
10 | P a g e
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
(i) Keep all Information and other materials passing from the Disclosing Party to the
Receiving Party confidential and shall not without the prior written consent of
the Disclosing Party divulge such Information to any other person or use such
information other than for the purposes of Carrying out obligations under this
contract; except if required by operation of law, statutory or Regulatory
requirement;
(ii) Take all steps as may be reasonably necessary to protect the integrity of the
information and to ensure against any unauthorized disclosure thereof;
(iii)Promptly inform the Disclosing Party of any potential or accidental disclosure of
the information and take all steps, together with the Disclosing Party, to retrieve
and protect the said Information;
(iv) Provide its staff access to Information only on 'need to know' basis i,e., Limited
to those areas where the information is required in order to perform obligations
herein in any case, the Receiving Party shall be responsible for the maintenance
of confidentiality by its employees.
(b) The obligations contained in this Section shall not apply to any part of the
information in the case where that part of the information that is or has become
public (other than by breach of this Contract) and shall not restrict any disclosure by
the Receiving Party, as required by law or any governmental, official or regulatory
body which is lawfully entitled to require any such disclosure. In such an event, the
Receiving Party shall intimate the Disclosing Party about such disclosure. However,
no prior consent shall be required from the Disclosing Party for such disclosure.
(c) The obligations contained in this Section shall continue to apply after the
termination or expiry of this Agreement.
(d) The Receiving Party shall, on written demand of the Disclosing Party or on expiry
or termination of this Contract; immediately return Information together with any
copies in its possession.
(e) The Receiving Party acknowledges that in the event of any breach or threatened
breach of this Section by the Receiving Party/its employees/agents/sub-'contractors,
monetary damages may not be an adequate remedy, and therefore, the Disclosing
Party shall be entitled to injunctive relief to restrainthe
Receiving
Party/its
employees/agents/sub-contractors from any breach, actual or threatened.
23.
PUBLICITY
Either Party shall not use the name and/or trademark/logo of the other Party, its group
companies, subsidiaries, or associates in any states or marketing publication or
advertisements or in any other manner without the prior written consent of the other Party
24.
INDEPENDENT SERVICE PROVIDER
This Contract is on a principal-to-principal basis between the Parties hereto. Nothing
contained in this Contract shall be construed or deemed to create any association,
partnership or joint venture or employer-employee relationship or principal-agent
relationship in any manner whatsoever between the parties.
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
25.
SEVERANCE
If any provision of this Contract is rendered void, illegal, or unenforceable in any respect
under any law, the validity, legality and enforceability of the remaining provisions shall
not in any way be affected or impaired thereby. Should any provision of this Contract be
or become ineffective for reasons beyond the control of the Parties, the Parties shall use
reasonable endeavors to agree upon a new provision which shall as nearly as possible
have the same commercial effect as the ineffective provision.
26.
NO WAIVER
No waiver of any provision of this Contract nor consent to any departure from it by any
Party shall be effective unless it is in writing. A waiver or consent shall be effective only
for the purpose for which it is given. No default or delay on the part of any Party in
exercising any rights, powers or privileges shall operate as a waiver of any right, nor does
a single or partial exercise of a right preclude any exercise of other rights, powers or
privileges.
27.
NOTICE
Any notice required or permitted to be given hereunder shall be given in writing and shall
be deemed sufficiently by given when delivered personally to the TNeGA to whom it is
directed or sent by Registered Post at the address set forth on the first page hereof. Any
notice or demand given by personal delivery shall be deemed to have been received on the
date of delivery, and any notice by Registered Post shall be deemed to have been received
on the date of its actual receipt.
28.
TERMINATION OF CONTRACT
(a) This Contract will be valid for a period of Two years from the date of its signing
and the same shall be renewed or extended on mutually agreed Terms & Conditions
between the parties. This Contract can be terminated by TNeGA by giving 90 days
prior written notice without the need for giving reasons for termination.
(b) This arrangement and Services offered under this Agreement is subject to applicable
law and regulations and would be modified / discontinued based on the prevailing
law/ regulation at any point of time and neither party shall be under any liability or
obligation or continue implementation of the said arrangement till such time the
terms are modified by the Parties as per the prevailing/ amended law at that point of
time. In the event, that the arrangement cannot be continued without total
compliance of the prevailing law at any point of time, this Agreement shall be
deemed to be terminated forthwith from the date when the amended law restricting /
prohibiting the arrangement comes into force.
(c) TNeGA agrees that the agency shall be obliged to share any data, information
related to this Contract and services offered by agency to regulatory/statutory
authority if required by due to operation of law, court or government or regulatory
order.
Similarly, TNeGA shall provide required data, information of agency, in possession
with TNeGA, if required by regulatory or statutory authorities or under any Act in
force
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
29.
GENERAL CONDITIONS
(a) Conditional RFQ document in any form will not be accepted.
(b) TNeGA reserves the right to relax or waive or amend any of the RFQ conditions.
(c) The right of final acceptance of the RFQ document is entirely vested with TNeGA
and TNeGA reserves the right to accept or reject any or all the bidders in part or in
totality or to negotiate with any or all the bidders or to withdraw/ cancel/ modify
this RFQ document without assigning any reason whatsoever.
(d) After acceptance of the RFQ by TNeGA, the bidder will have no right to withdraw
his RFQ.
30.
ARBITRATION
(a) In case of any dispute in the bid, including interpretation if any on the clauses of the
bid or the agreement to be executed, the matter shall be referred by the TNeGA to
an Arbitrator who shall be selected by TNeGA from the panel of Arbitrators
approved by TNeGA and communicate the same within 15 days, from the date of
receipt of the letter from the TNeGA along with the panel. If there is no reply from
the bidder within 15 days, TNeGA shall choose any of the Arbitrators from the
panel of Arbitrators referred to above. The remuneration for the Arbitrator and other
expenses shall be shared equally by TNeGA and the bidder.
(b) The venue of the Arbitration shall be at the Head office of the TNeGA, Chennai.
The decision of the Arbitrator shall be final and binding on both the parties to the
Arbitration.
(c) The Arbitrator may with the mutual consent of the parties, extend the time for
making the award. The award to be passed by the Arbitrator is enforceable in the
Court at Chennai city only.
31.
JURISDICTION OF THE COURT
Any dispute arising out of non-fulfillment of any of the terms and conditions of this
Agreement or any other dispute arising out of the arbitration award will be subject to the
jurisdiction of the Courts in the City of Chennai only.
We agree to the above terms and conditions.
SIGNATURE OF THE BIDDER:
DATE:
NAME IN BLOCK LETTERS:
DESIGNATION:
ADDRESS:
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
ANNEXURE - I
Covering Letter
Date:____________
From,
Name:
Address:
Ph:
Fax:
E-mail:
To,
The Chief Executive Officer
Tamil Nadu e-Governance Agency,
No.5/9, Kavignar Bharathi Dasan Salai,
Alwarpet,
Chennai - 600 018
Sir,
Sub:
Request For Quotation for Selection of e-Sign Service Provider for
Tamil Nadu e-Governance Agency (TNeGA) for a period of Two
years – Reg.
Ref: Your RFQ Dt. ..........
With reference to your RFQ, we submit herewith our sealed RFQ document for
providing e-Sign services to TNeGA for a period of Two years as specified by TNeGA in this
RFQ document.
We enclose the following documents:
1) RFQ conditions duly signed in each page
2) Demand Draft no. __________for Rs.1,00,000/- (Rupees One Lakh only), in
favour of “Tamil Nadu e-Governance Agency”, Drawn on ______________
Bank payable at Chennai, towards Earnest Money Deposit.
3) Authorization letter from the Company for the person to sign the RFQ document.
4) Details of the Bidder (as per Annexure-II)
5) Average annual turnover statement (as per Annexure-III).
6) Declaration for not having black listed either by TNeGA or by any other Govt.
agencies (as per Annexure-IV).
7) The copy of certificate of incorporation/registration. (If applicable)
8) Copy of Memorandum and Articles of Association. (If applicable)
9) Copy of Service Tax Registration certificate.
10) Copy of registration/approval as Certifying Authority (CA) under Control of The
Controller of Certifying Authorities (CCA) / Authorised by Certifying Authority
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
11) Copy of PAN allotment Certificate/ PANCARD issued by Income Tax
Department.
12) Copy of latest IT Return.
13) Price Bid as per Annexure-VI of the RFQ document.
14) Notarized translated English version of the documents in a language other than
English/Tamil, if any.
Yours faithfully,
SIGNATURE OF THE BIDDER
Encl: As stated above
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
ANNEXURE – II
DETAILS OF THE BIDDER
S.No.
Particulars
A
B
Name of Bidder
Contact Details
Address
Telephone No.
Fax
Email
Website
C
Incorporation Details
Incorporation Number
Date of Incorporation
Authority
D
Service Tax
Registration Details
Service Tax No.
Date
Registration Authority
F
Legal Status of
Company
Name of Authorized
Signatory
Position
Telephone
Fax
Mobile
Email
G
H
Description/
Details
Reference
Documents
-
Page No.
-
Certified copy of
incorporation
under
Indian
Companies
Act,1956/
Registered under
Societies Act 1975
Certified copy of
valid Service Tax
Registration
in
India
Authorization
letter from the
Company for the
person to sign the
RFQ document
Number & Address of
Offices
a) In India
b) Outside India
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
ANNEXURE – III
ANNUAL TURN OVER STATEMENT
S.No.
Year
Turnover
(Rs. in lakh)
1. 2013-2014
2. 2014-2015
3. 2015-2016
Tamil Nadu e-Governance Agency
Signature of the Applicant with seal
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
ANNEXURE – IV
CERTIFICATE
Date: __________
Certified that M/s.........................................................../ the firm /company or its partners /
share holders / Organization had not been black listed by Tamil Nadu e-Governance Agency
(TNeGA), or by any Government Agencies.
SIGNATURE OF THE BIDDER
(with seal and address)
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
ANNEXURE- V
CLARIFICATION ON RFQ DOCUMENT FORMAT
BIDDER’S REQUEST FOR CLARIFICATION
Name and Address of the
Name and Position of Person
Organization submitting
submitting request
Contact Details of The
Organization / Authorized
request
Representative
Tel:
Fax:
Email:
S. No
Reference(s)
Content of RFQ requiring
Points of clarification
(Section, Page)
Clarification
required
1
2
3
SIGNATURE OF THE BIDDER
(with seal and address)
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REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
ANNEXURE – VI
PRICE BID
Description
Service charges (exclusive of Service tax)
(Rs. in Number and Words)
Option 1: Transaction Based
Rate quoted for per user per e-Sign Rs.____________/transaction using Aadhaar based
Biometric authentication or OTP Amount in words: …………..…………
authentication (exclusive of Service
Tax)
…………………………………………….only
Option 2: Minimum 10 number of
documents(document of different
type) permissible in a single
Rs.____________/e-Signing transaction
The rate quoted for e-sign service Amount in words: …………..…………
charge for minimum 10 number of
documents that are permissible in a …………………………………………….only
single e-sign transaction using
Aadhaar
based
Biometric
authentication
or
OTP
authentication. (exclusive of Service
Tax)
Option 3: Aadhaar user Based
Rate quoted for one Aadhaar user Rs.____________/for unlimited e-Sign transaction per
annum using Aadhaar based Amount in words: …………..…………
Biometric authentication or OTP
authentication (exclusive of Service …………………………………………….only
Tax)
SIGNATURE OF THE BIDDER
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Signature of the Applicant with seal
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
(with seal and address)
ANNEXURE – VII
CHECKLIST OF DOCUMENTS
Documents to be enclosed:
S.No.
Checklist
1.
A covering letter on your letter head addressed to “The
Chief Executive Officer, Tamil Nadu e-Governance
Agency (TNeGA), No.5/9, Kavignar Bharathi Dasan
Salai, Alwarpet, Chennai - 600 018 (as per Annexure-I)
RFQ conditions duly signed in each page and enclosed
in token of accepting the RFQ conditions
Demand Draft for Rs.1,00,000/- (Rupees One Lakh
only), in favour of “Tamil Nadu
e-Governance
Agency”, payable at Chennai, towards Earnest Money
Deposit.
Authorization letter from the Company for the person to
sign the RFQ document
Details of the Bidder (as per Annexure-II)
Average annual turnover statement (as per AnnexureIII)
Declaration for not having black listed either by
TNeGA or by any other Govt. agencies (as per
Annexure-IV)
The copy of certificate of incorporation/ registration.
Copy of Memorandum and Articles of Association
Copy of Service Tax Registration certificate
Copy of registration/approval as Certifying Authority
(CA) licensed by The Controller of Certifying
Authority (CCA) / Authorized by Certifying Authority
(as per Annexure VIII)
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Enclosed Reference in the Bid
(Yes/No)
(Page No.)
Copy of PAN allotment Certificate/ PANCARD issued
by Income Tax Department.
Copy of Latest I.T return
Price Bid as per Annexure-VI of the RFQ document.
Notarized translated English version of the documents
in a language other than English/Tamil, if any
21 | P a g e
Signature of the Applicant with seal
REQUEST FOR QUOTATION - e-SIGN SERVICE FACILITY
ANNEXURE – VIII
CERTIFYING AUTHORITY’S LETTER OF GUARANTEE
To
The Chief Executive Officer,
Tamil Nadu e-Governance Agency,
Alwarpet,
Chennai-600018
Sir,
We hereby authorise M/s ................................to undertake to submit a Bid, and subsequently
negotiate and sign the contract with the purchaser against Tender No: TNeGA/ OT / /2016-17 for the
(type the Description of goods) developed by us. We hereby extend our full warranty for the goods
offered for supply by the above firm against this tender.
We also undertake to provide timely supplies as per terms of tender and as agreed mutually and
also to provide a trouble free and continuous support either directly or through our authorised partners
under our supervision during the said support period. We will provide the necessary support in the
event of upgradation of any of the software is necessitated while providing the support will arrange
for complete replacement of the item(s) with an equivalent / higher version.
For this tender we authorise M/s. __________________ (Complete address and full contact
details of the partner) to be our sales and service partner. In the event of discontinuation of supply
and service by our partner or any problem arises during provision of supply and services, the entire
responsibility to provide trouble free and continuous supply and services to the end user rests with us
and we undertake to provide supply and services directly or through our alternative sales / service
partners.
In case of violation of any of the conditions above, I/We .......................... understand that I/ We
are liable to be blacklisted by (Dist Name) DeGS and Government of Tamil Nadu for a period
of three years.
(Signature for and on behalf of Principal)
Note:
Competent authority of the Manufacturer should issue the letter of authority individually for each
bidder separately.
Note: RFQ documents submitted in unsealed cover would summarily be rejected.
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Signature of the Applicant with seal