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Request for Proposal

for providing technical staff


for
Police Computer Wing

Issued By:
State Crime Records Bureau, Police Computer Wing, Karnataka State
Police

Issued by: SCRB, Police Computer Wing, Karnataka State Police 1 v0.0
RFP for providing technical staff for Police Computer Wing Karnataka

Table of Contents

Disclaimer ............................................................................................................................. 4
Abbreviation .......................................................................................................................... 6
Bid Control Sheet .................................................................................................................. 8
1. Letter of Invitation .......................................................................................................... 9
2. Invitation for Competitive Bidding ................................................................................. 10
3. Introduction .................................................................................................................. 10
4. Vision and Objective .................................................................................................... 12
5. Overview of Police IT Application ................................................................................. 13
5.1. Details about police IT Modules ............................................................................ 13
5.2. Details About Administrative Modules ................................................................... 13
5.3. Details About Ancillary Support and Technical Modules ....................................... 14
6. Evaluation Criteria for the Bidder ................................................................................. 15
6.1. Pre-Qualification Criteria ....................................................................................... 15
6.2. Technical Evaluation of Technical Bids ................................................................. 16
6.3. Technical Evaluation Criteria ................................................................................ 18
6.4. Evaluation of Commercial Bid ............................................................................... 25
7. Technical staff Requirement and Job Profile ................................................................ 28
7.1. Roles & Responsibilities........................................................................................ 28
7.2. Terms and Conditions for Technical staff .............................................................. 32
8. Payment Terms............................................................................................................ 35
9. Service Level Agreement ............................................................................................. 36
9.1. Period of Contract ................................................................................................. 36
9.2. Variation in Number of Resources ........................................................................ 36
9.3. Service Level Requirements and Penalties ........................................................... 36
9.4. Technical staff or Resources ................................................................................. 36
9.5. Settlement of Dispute............................................................................................ 39
9.6. Termination Rule .................................................................................................. 39
10. Scope of Work .......................................................................................................... 40
10.1. Detailed Scope of work for all Key Components ................................................ 40
11. General Terms and Conditions ................................................................................. 46
11.1. Clarification of RFP ........................................................................................... 46
11.2. Pre-bid Meeting ................................................................................................. 47
11.3. Amendment of the RFP Document .................................................................... 47
11.4. Liability of the PCW in Preparation and Bid Submission .................................... 47

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RFP for providing technical staff for Police Computer Wing Karnataka

11.5. Earnest Money Deposit (EMD) .......................................................................... 47


11.6. Language of Proposal ....................................................................................... 47
11.7. Bid Currency ..................................................................................................... 47
11.8. Prices ................................................................................................................ 48
11.9. Correction of Errors ........................................................................................... 48
11.10. Disqualification of Bid ........................................................................................ 49
11.11. Period of Validity of Bids.................................................................................... 49
11.12. Format and Signing of Bid ................................................................................. 49
11.13. Background of Proposed Resource ................................................................... 49
11.14. Content and Form of Resource ......................................................................... 49
11.15. Performance Bank Guarantee ........................................................................... 50
12. Annexures ................................................................................................................ 51
12.1. ANNEXURE I: Technical Bid Formats ............................................................... 51
12.1.1 Proposal Covering Letter............................................................................................... 51
12.1.2 General Information of the Bidder .................................................................................... 53
12.1.3 Citations Format for furnishing the details of the projects handled by the bidder for the
technical bid evaluation. ............................................................................................................... 54
12.1.4 Pre- Qualification and Technical Compliance Checklist ..................................................... 56
12.1.5 Turnover and Net worth of the Company ......................................................................... 57
12.2. ANNEXURE II: Format for Commercial bid Cost of Technical Staff ................... 59
12.3. ANNEXURE III: Request for Clarifications ......................................................... 60
12.4. ANNEXURE IV: Performance Bank Guarantee ................................................. 61
12.5. Annexure V - Power of Attorney for signing of proposal..................................... 63
12.6. Annexure VI – Letter of Application ................................................................... 64
12.7. Annexure VII– Undertaking on non-blacklisting. ................................................ 65
12.8. Annexure VIII- Curriculum Vitae (CV) ................................................................ 66
12.9. Annexure IXI - Master Service Agreement......................................................... 68

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RFP for providing technical staff for Police Computer Wing Karnataka

Disclaimer

This RFP is not an agreement nor an offer or invitation to any party. The purpose of this RFP
is to provide the Bidders or any other person with information to assist the formulation of
their technical & financial offers/proposal (“Bid”). This Tender document does not purport to
contain all the information each Bidder may require.
This Tender document may not be appropriate for all persons, and it is not possible for the
Additional Director General of Police, Police Computer Wing, Karnataka State Police and their
employees or advisors to consider the objectives, technical expertise, and particular needs of
each Bidder.
The assumptions, assessments, statements, and information contained in the Bid documents,
may not be complete, accurate, adequate, or correct. Each Bidder must, therefore, conduct
its own analysis of the information contained in this RFP and to seek its own professional
advice from appropriate sources.
Information provided in this Tender document to the Bidder is on a wide range of matters,
some of which may depend upon interpretation of law. The information given is not intended
to be an exhaustive account of statutory requirements and should not be regarded as a
complete or authoritative statement of law.
The department accepts no responsibility for the accuracy or otherwise for any interpretation
of opinion on law expressed herein.
The department and their employees and advisors make no representation or warranty and
shall have no liability to any person, including the Bidder, under law, statute, rules or
regulations or tort, the principles of restitution or unjust enrichment or otherwise for any loss,
cost, expense or damage which may arise from or be incurred or suffered on account of
anything contained in this RFP or otherwise, including the accuracy, reliability or
completeness of the RFP, and any assessment, assumption, statement or information
contained therein or deemed to form part of this RFP or arising in any way in this Selection
Process.
The department also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused arising from reliance of any Bidder upon the statements
contained in this RFP. ADGP Office, Police Computer Wing, SCRB, Karnataka Police may in its
absolute discretion can amend or supplement the information in this RFP.
ADGP Office, Police Computer Wing, SCRB, Karnataka Police, or its authorized officers /
representatives / advisors reserve the right, without prior notice, to change the procedure for
the selection of the Successful Bidder or terminate discussions and the delivery of information
at any time before the signing of any agreement for the Project, without assigning reasons
thereof.
The issue of this Tender document does not imply that department is bound to select a Bidder
or to appoint the Selected Bidder (as defined hereinafter).

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RFP for providing technical staff for Police Computer Wing Karnataka

The department reserves the right to reject all or any of the Bidders or Bids without assigning
any reason whatsoever.
The RFP does not address concerns relating to diverse investment objectives, financial
situation, and particular needs of each party. The tender Document is not intended to provide
the basis for any investment decision and each Bidder must make its / their own independent
assessment in respect of various aspects of the techno-economic feasibilities of the Project.
No person has been authorized by the department to give any information or to make any
representation not contained in the tender Document.
The Bidder shall bear all its costs associated with or relating to the preparation and submission
of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses
associated with any demonstrations or presentations which may be required by the
department, or any other costs incurred in connection with or relating to its Bid. All such costs
and expenses will remain with the Bidder and the department, shall not be liable in any
manner whatsoever for the same or for any other costs or other expenses incurred by a Bidder
in preparation for submission of the Bid, regardless of the conduct or outcome of the selection
process.

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RFP for providing technical staff for Police Computer Wing Karnataka

Abbreviation

Below is the list of Abbreviations used in this RFP document:


Sr. No. Abbreviation Full Form

1. AMC Annual Maintenance Contract

2. ATS Annual Technical Support

3. CAS Core Application Software

4. CCTNS Crime and Criminal Tracking Network and Systems

5. PCW Police Computer Wing

6. PM Project Manager

7. EMD Earnest Money Deposit

8. ICT Information and Communication Technology

9. INR Indian National Rupees

10. IPR Intellectual Property Right

11. ISO International Standard Organization

12. IT Information Technology

13. KSDC Karnataka State Data Centre

14. LAN Local Area Network

15. LD Liquidated Damages

16. LOA Letter of Award

17. LOI Letter of Intent

18. MHA Ministry of Home Affairs

19. MIS Management Information System

20. MMP Mission Mode Project

21. MSA Master Service Agreement

22. NCRB National Crime Records Bureau

23. NDA Non-Disclosure Agreement

24. O&M Operation and Management

25. OEM Original Equipment Manufacturer

26. OS Operating System

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RFP for providing technical staff for Police Computer Wing Karnataka

Sr. No. Abbreviation Full Form

27. PBG Performance Bank Guarantee

28. RFC Request for Clarification

29. RFP Request for Proposal

30. PCW Police Computer Wing

31. SD Security Deposit

32. SDA Software Development Agency

33. UAT User Acceptance Testing

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RFP for providing technical staff for Police Computer Wing Karnataka

Bid Control Sheet

This RFP is published by SCRB, Police Computer wing, Karnataka State Police for RFP for
providing technical staff for Police Computer Wing.
Complete sets of bidding documents prepared by PCW will be available for free download, by
interested bidders, from the GeM Portal.

Sr. No. Information Details


1. RFP Name Request for Proposal for providing technical
staff for Police Computer Wing, Karnataka
2. RFP release date As per GeM Portal
3. Pre-bid meeting As per GeM Portal
4. Pre-bid clarification As per GeM Portal
5. Last date (deadline) for As per GeM Portal
Receipt of proposals in
response to RFP notice
6. Time and Date of As per GeM Portal
opening of Technical
Bid
7. Time and Date of opening of As per GeM Portal
financial proposals
8. For Queries Contact Superintendent of Police, Police Computer
Wing, 7th Floor, Gate No. 1, MS Building, Dr.
Ambedkar
Veedhi, Bengaluru-1
E-mail: spscrb@ksp.gov.in
9. Submission Type Through GeM Portal only.

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RFP for providing technical staff for Police Computer Wing Karnataka

1. Letter of Invitation

Date:
Dear Sir/Madam:

Police Computer Wing (PCW), Karnataka Police invites proposals for providing technical staff for Police
Computer Wing for a period of ONE year from the of the date of signing Contract with the department.
The period of contract is for ONE year which can be extended for one more year, subject to satisfactory
performance of the chosen bidder.

1. As per the notice inviting e-tender and other locations, all interested parties, who fulfill the
minimum eligibility criteria, are invited to respond to the Request for Proposal (RFP) document.
2. Method of selection will be based on Quality Cum Cost Based System (QCBS) described in this
RFP.
3. Kindly respond to the RFP as per the directions and the formats provided in the RFP.

Yours sincerely,

Additional Director General of Police,


Police Computer Wing,
Karnataka State Police

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RFP for providing technical staff for Police Computer Wing Karnataka

2. Invitation for Competitive Bidding

Police Computer Wing, Karnataka Police is desirous to onboard agency for providing technical staff
resources for managing operations and maintenance of Police IT and other applications owned and
operated by Karnataka Police, therefore floats this RFP for the selection of a bidder for the same.
Eligible agencies interested in participation may ask the contact person for details or visit web site
GeM Portal.

3. Introduction

The Ministry of Home Affairs has conceptualized the Crime & Criminal Tracking Network and Systems
(CCTNS) project as a Mission Mode Project under the National e-Governance Plan (NeGP). CCTNS
envisaged at principles of e-Governance and creation of a nationwide networking infrastructure for
evolution of IT-enabled-state-of-the-art tracking system around ‘investigation of crime and detection
of criminals. It aims to create infrastructure and mechanism to provide the basis for evolution of an IT
enabled state-of-the art workflow (Processes) automation system in a planned manner from Police
Station level upwards and provide public service delivery systems. It will not only automate police
functions at police station and higher levels but will also create facilities and mechanism to provide
public services like registration of online complaints, ascertaining the status of case registered at the
police station, verification of persons etc.
CCTNS covers all the Police Stations and higher offices in the States. Necessary Hardware are provided
at all these locations including data centers at State and National headquarters. Considering that the
status of Karnataka being that of “Lead State”, Karnataka state Police developed its own application
“POLICE IT” in 2010 as its backbone software application and provide all the necessary data to NCRB
as per the CCTNS project objective. This application is having all features that of ERP application for
internal user of Karnataka police. All the police stations are connected with high-speed connectivity
for data transfer and sharing of information amongst various stakeholders. In 2022, Police Computer
Wing of Karnataka State Police have updated Police IT application to “Police IT V2 application” which
needs to be operated and maintained for the coming years.
The Request for Proposal floated by the Police Computer Wing PCW, Karnataka State Police is to hire
resources who would be responsible for operations and maintenance of the Police IT V2 system in the
State.
Availability of relevant and timely information is of utmost necessity in conduct of business by Police,
particularly in investigation of crime and in tracking & detection of criminals. Police organizations
everywhere have been handling large amounts of information and huge volume of records pertaining
to crime and criminals. Information Technology (IT) can play a very vital role in improving outcomes
in the areas of Crime Investigation and Criminals Detection and other functioning of the Police
organizations, by facilitating easy recording, retrieval, analysis and sharing of the pile of Information.
Quick and timely information availability about different facets of Police functions to the right
functionaries can bring in a sea change both in Crime & Criminals handling and related Operations, as
well as administrative processes.

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Creation and maintenance of databases on Crime & Criminals in digital form for sharing by all the
stakeholders in the system is therefore very essential in order to effectively meet the challenges of
Crime Control and maintenance of public order. In order to achieve this, all the States should meet a
common minimum threshold in the use of IT, especially for crime & criminals related functions.
A need has been felt to adopt a holistic approach to address the requirements of the police, mainly
with relation to functions in the police station. There is also a need to strengthen the citizen interfaces
with the police. Interfaces need to be built with external agencies like courts, transport authorities,
hospitals, and municipal authorities etc. to be able to share information between departments.
Therefore, it becomes critical that information and communication technologies are made an integral
part of policing in order to enhance the efficiency and effectiveness of the Police Department.
In order to realize the benefits of e-Governance fully, it is essential that a holistic approach is adopted
that includes re-engineering and standardizing key functions of the police and creating a sustainable
and secure mechanism for sharing critical crime information across all Police Formations. CCTNS has
been conceptualized in response to the need for establishing a comprehensive e-Governance system
in police stations across the country.

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4. Vision and Objective

Vision: To transform the police force into a knowledge-based force and improve the delivery of citizen-
centric services through enhancing the efficiency and effectiveness of the police stations by creating
a platform for sharing crime and criminal information across the police stations in the country.
The overall objective of the MMP is based on enhancing the operational efficiency and effectiveness
of the police force in delivering the services. The broad objectives of the project are as follows:
a) Improve Service Delivery to the Public
Citizens should be able to access police services through multiple, transparent, and easily
accessible channels in a citizen-friendly manner. The focus is not only to improve the current
modes of the service delivery but also provide alternate modes such as internet for the public to
communicate with the police.
b) Provide Enhanced Tools for Law & Order Maintenance, Investigation, Crime Prevention, &
Traffic Management
Law & Order Maintenance, Investigation, Crime Prevention, and Traffic Management are core
components of policing work. Information technology can both enable and improve the
effectiveness and efficiency of the core activities of the police. Police should be provided with data
amenable for easier and faster analysis in order to enable them to make better and informed
decisions.
c) Increase Operational Efficiency
Police should spend more time on the public facing functions. Information technology solutions
should help in reducing the repetitive paperwork/records and making the back-office functions
more efficient.
d) Create a platform for sharing crime & criminal information across the country
There is a critical need to create a platform for sharing crime and criminal information across
police stations within and between the different states in order to increase the effectiveness in
dealing with criminals across the state borders.

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5. Overview of Police IT Application

Police IT is a comprehensive system providing seamless integration to the day-to-day operations of


the Police. Police IT in its conceptualization, creation and roll out would have a pioneering impact in
the way the Police in India would go digital in the days to come. The basic features of this software
are that it is based on a centralized architecture, is bilingual (both in English and Kannada) works on a
workflow design and has a role-based access.
The Police IT software application has been divided into different modules. These modules take care
of the workflow within the concerned module and across modules so that at the end of the day it is
single integrated software. The core functions of Police IT have three modules namely, Crime, Law &
Order and Traffic. The Administration side has another three modules namely Finance, Administration
and Stores. Armed, Motor Transport and Training provide the ancillary support and the technical
modules are the Wireless and the FSL.

5.1. Details about police IT Modules

a. Crime
This module facilitates the collection of detailed information about the history of the crime
and criminals and assists in investigation process. In addition, it allows for generating a brief
or comprehensive account of the crime. This helps the police personnel to be able to handle
and monitor crime efficiently by studying of crimes and tracking crime related information
including history of criminals.

b. Law and Order


The main function of this module is to facilitate the activities involved in maintenance of Law
and Order in the State. It is subdivided into Law-and-Order activities, Foreigners Registration,
etc. It maintains records pertaining to various activities within the Police Stations, foreign
nationals, VIP movements, activities of fundamental organizations, riots, agitations etc. Law
and Order activities are mainly carried out at the Police Station Level while Intelligence
module and Foreigners Registration will be used at the District & Commissioner’s offices.
Foreigner Registration Office (FRO): This module helps in registering and tracking foreigners
visiting the state. It helps the police personnel generate residential permit, exit permit,
approvals and extensions. It also maintains complete history of foreigners.

c. Traffic
This module covers various activities of law-and-order issues related to traffic. This module
captures data related to accidents and fine collections (Enforcement). It generates statistical
reports on various parameters related to accidents and fine collection.

5.2. Details About Administrative Modules

a. Administration
This module helps in managing the activities related to police administration in an orderly
manner and gives brief or comprehensive reports as required. The module supports personnel

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administration related activities. Business processes covered under this module cover the
entire period of engagement of the police personnel with the department starting from
recruitment till retirement through maintenance of service records, transfers, leave,
punishments, promotions, retirement and into pension initiation.

5.3. Details About Ancillary Support and Technical Modules

a. Motor Transport (MT)

This module maintains day-to-day activities of vehicles, drivers and fuel consumption of
vehicles. It also handles all the activities related to procuring and maintenance of vehicles and
purchase against condemnation. The module maintains history sheets of all the vehicles used
in Police Department. The transactions pertaining to police petrol bunks and their inspections
are also included in this module.

b. Forensic Science Lab (FSL)

FSL is the testing laboratory of the police department, which conducts various tests on the
requests coming from the police department and other Government departments. This
module captures the administrative functionality of the FSL Unit as a whole. This involves
capturing and maintaining the information of the cases registered in FSL, flow of the case
through the different sections in FSL, status of the case at each point of time till its final
disbursement back to the requested unit. It also captures the various other day-to-day
activities of FSL like scene of crime requisition, court duty attendance and ammunition and
equipment usage.
c. MIS and Reports

Management Information system module is the dashboard of Police IT. This dashboard gives
all the details in a tabular and graphical format pertaining to all modules of Police IT.

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6. Evaluation Criteria for the Bidder

6.1. Pre-Qualification Criteria

# Criteria Category Eligibility Criteria Document Proof

1. Incorporation of The bidder should have its registered  Certificate of Incorporation/


Firm, Legal Entity office with legal presence in India and Registration under
should be one of the following: companies Act, 1956 or
 A company incorporated in India 2013/LLP Act,2008
under the Companies Act, 1956/ 2013  PAN Card
and subsequent amendments thereto  GST Certificate
 Partnership firms registered under the  CA certificate for the
Limited Liability Partnerships number of years of
(registered under LLP Act, 2008) operation in India
And
 Registered with GST Authorities in
India
 Should have been operating for the
last five years in India as on the date of
publishing of RFP notice (including name
change / impact of mergers or
acquisitions).
2. Financial Strength The Bidder should have an average annual  Certificate from the
turnover of minimum Rs. 300 crores from Statutory Auditor on
IT/ITES services in the last three financial turnover details for the last
years (FY 2020-21, 2021-22 and 2022-23) three (3) financial years
(FY 2020-21, 2021-22 and
2022-23)
 Audited financial statements
for the last three financial
years (FY 2020-21, 2021-22
and 2022-23)
3. The Bidder should be having a positive net CA Certificate for the years
worth in each of the last 3 financial years mentioned
(FY 2020-21, 2021-22 and 2022-23)
4. Criteria Related to The bidder should have valid SEI  Copy of the Certificate(s)
Quality of Service CMMi level 5 certification signed and stamped by the
Deliver authorised signatory of the
Bidder
5. Experience of Large Bidder should have been awarded at least  Copy of work orders or
IT Application 1 project of value minimum INR 4 Crore in contract copy or work
IT/e-Governance domain with completion certificate.
State/Central government and other

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RFP for providing technical staff for Police Computer Wing Karnataka

# Criteria Category Eligibility Criteria Document Proof

government bodies in India in last 3 years  Work order through


till the date of publishing of tender empanelment agency will
not be qualified.
6. Experience in CCTNS The bidder should have performed and/or  Copy of work
working on Operations and Maintenance orders/completion
of CCTNS or equivalent Police IT certificates
applications for at least 1(one) state in the
last 3 financial years with the value
minimum INR 4 Cr. till the date of
publishing of tender
7. Experience with The bidder should have experience of at  Copy of work orders or
Karnataka least 1 software development project with contract copy or work
Government in Karnataka State Government completion certificate
Software
development/
Operation and
maintenance of IT
project
8. Technical staff The Bidder should have minimum 250  A certificate duly signed and
capability of Bidder regular employees on its payrolls as on stamped by the Authorized
31st Mar 2024 in India Representative
9. Physical Presence of The bidder should have an office in  Documentary Proof of office
Bidder Bengaluru, Karnataka and should have in Bengaluru signed
been in operation for a period of at least 3 Authorized Signatory.
years till the date of publishing of tender
10. Criteria related The Bidder should not have been  Undertaking signed
to Blacklisting blacklisted/ debarred by any Central/ Authorized signatory of
State Government and Public Sector or company to be provided
under a declaration of ineligibility for
corrupt or fraudulent practices or dispute
with state as on bid submission date
11. Applicable Fee EMD of INR 16,00,000/-  Copy of EMD payment

6.2. Technical Evaluation of Technical Bids

a. Only those bidders who qualify all Pre-qualification/ Eligibility Criteria requirements shall be
qualified for technical bid evaluation.
b. The technical bid shall first be reviewed for determining the Compliance of the Technical bids
with the RFP terms and conditions, Minimum/ mandatory technical requirements and the
scope of work as defined in this RFP.

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RFP for providing technical staff for Police Computer Wing Karnataka

c. Any bid found to be non-compliant to the mandatory Technical Requirements, RFP terms and
conditions and the scope of work shall be rejected and shall not be considered for further
evaluation. Bids that are technically compliant would only be taken up for commercial
evaluation.
d. Bidder is required to submit all the supporting documents as per the criteria mentioned in the
RFP. Purchaser reserves right to summarily reject any bid which does not contain all the
mandatory supporting document or may ask bidder to resubmit documents, the decision of
Purchaser shall be final and binding in this regard.
e. A score would be given to each bidder based on the scoring criteria mentioned in the RFP.
f. Bids that are technically qualified would only be taken up for commercial evaluation.
g. Purchaser reserves the right to disqualify any bidder based on any criteria considered relevant
and its decision is binding. Representations, if any from disqualified bidders shall not be
entertained and shall be summarily rejected. Purchaser shall not respond to any query raised
by bidders seeking reasons for rejection of the bid.

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6.3. Technical Evaluation Criteria

S. No. Criteria Evaluation Criterion Details Supporting Documents Required

1 Average Annual Average annual turnover from IT/ITES services the last three financial Certificate from the Statutory
Turnover years (FY 2020-21, 2021-22 and 2022-23) marks shall be allotted as given Auditor on turnover details for
below: the last three (3) financial years
i. More than Rs. 350 crores = 5 marks (FY 2020-21, 2021-22 and 2022-
ii. More than Rs. 300 crores – up to 350 Crores = 4 marks 23)
iii. Minimum Rs. 300 crores = 3 marks  Audited financial statements for
the last three financial years (FY
2020-21, 2021-22 and 2022-23)
2 Project Value & The Bidder should have been in the software development and should Copies of work order/ completion
Strength have been awarded or completed at least one project of equal to /more certificates
than INR 4 crores in the e-governance/ Government domain in the last 5
financial years as on date of publishing tender:
i. More than 7 Crore =5 Marks
ii. More than 4 Cr but less than 7 Cr Project= 4 Marks
iii. Minimum 4 Cr project = 3 marks

3 Experience of Software The bidder should have performed Operations and Maintenance of  Work order copy/Copy of
Development/ CCTNS or equivalent Police IT applications for at least 1(one) state with satisfactory work completion
Operations and the value minimum INR 4 Cr. in the last 3 financial years till the date of (wherever applicable)
Maintenance of CCTNS publishing of tender  Only direct work order to the bidder
or equivalent Police IT i. Minimum 2 projects = 5 Marks will be considered.
applications ii. Minimum 1 project = 4 marks

Issued by: SCRB, Police Computer Wing, Karnataka State Police 18 v0.0
RFP for providing technical staff for Police Computer Wing Karnataka

S. No. Criteria Evaluation Criterion Details Supporting Documents Required

4 Team Leader/ Project Proposed technical staff should be having following qualifications: CV mentioning Qualifications, and their
Manager Mandatory Qualification: relevant experience should be enclosed
i). MCA or BE / BTech Graduation in CS/IT as part of the technical bid.
Mandatory Experience:
i). More than 10 Years of experience in software development
ii). Minimum 10 Years of experience in handling CCTNS Project.

Marking Criteria:
a). More than 12 years of experience= 7 marks
b). Between 10 to 12 years of experience= 6 marks
Additional Marks:
a). 2 additional marks for the person worked in any Government project
in Karnataka
b). 1 additional mark for experience in CCTNS or Police project

5 Senior Programmer Proposed technical staff should be having following qualifications: CV mentioning Qualifications, and their
Mandatory Qualification: relevant experience should be enclosed
i). MCA or BE / BTech Graduation in CS/IT as part of the technical bid.
Mandatory Experience:
i). More than 10 Years of experience in software development

Marking Criteria:
a). More than 12 years of experience = 6 marks
b). Between 10 to 12 years of experience = 5 marks
Additional Marks:
a). 1 additional mark for the person worked in any Government project
in Karnataka

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RFP for providing technical staff for Police Computer Wing Karnataka

S. No. Criteria Evaluation Criterion Details Supporting Documents Required

b). 1 mark for experience in CCTNS project


6 Junior Programmer Proposed technical staff should be having following qualifications: CV mentioning Qualifications, and their
Mandatory Qualification: relevant experience should be enclosed
i). MCA or BE / BTech Graduation in CS/IT as part of the technical bid.
Mandatory Experience:
i). More than 5 Years of experience in software development
ii). Minimum 1 Years of experience in handling CCTNS Project.

Marking Criteria:
a). More than 6 years of experience = 6 marks
b). Between 5 to 6 years of experience = 5 marks
Additional Marks:
a). 1 additional mark for the person worked in any Governement project
in Karnataka

7 Network Administrator Proposed technical staff should be having following qualifications: CV mentioning qualifications, and their
Mandatory Qualification: relevant experience should be enclosed
i). BE / BTech as part of the technical bid.
Mandatory Experience:
i). More than 10 Years of experience in network management

Marking Criteria:
a). More than 12 years of experience = 5 marks
b). More than 10 but less than 12 years of experience = 4 marks
c). Minimum 10 years of experience = 3 marks

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RFP for providing technical staff for Police Computer Wing Karnataka

S. No. Criteria Evaluation Criterion Details Supporting Documents Required

8 Mobile Application Proposed technical staff should be having following qualifications: CV mentioning Qualifications, and their
Expert Mandatory Qualification: relevant experience should be enclosed
i). BE / BTech as part of the technical bid.
Mandatory Experience:
i). More than 5 Years of experience in software or mobile development

Marking Criteria:
a). More than 7 years of experience = 4 marks
b). Between 5 to 7 years of experience = 2 marks
Additional Marks:
a). 1 additional mark for CCTNS experience

9 Database Expert Proposed technical staff should be having following qualifications: CV mentioning Qualifications, and their
Mandatory Qualification: relevant experience should be enclosed
i). MCA/ BE / BTech as part of the technical bid.
ii). Certification in Microsoft Database Administration
Mandatory Experience:
i). More than 5 Years of experience in software development
ii). Minimum 5 Years of experience in handling CCTNS Project.

Marking Criteria:
a). More than 7 years of experience = 4 marks
b). Between 5 to 7 years of experience = 3 marks
Additional Marks:
a). 1 additional marks for the person worked in any Government project
in Karnataka

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RFP for providing technical staff for Police Computer Wing Karnataka

S. No. Criteria Evaluation Criterion Details Supporting Documents Required

10 IT Security Manager Proposed technical staff should be having following qualifications: CV mentioning Qualifications, and their
Mandatory Qualification: relevant experience should be enclosed
i). MCA/ BE / BTech as part of the technical bid.
Mandatory Experience:
i). More than 5 Years of relevant experience

Marking Criteria:
a). More than 7 years of experience= 5 marks
b). More than 5 but less than 7 years of experience= 4 marks
c). Minimum 10 years of experience= 3 marks

11 System Administrator Proposed technical staff should be having following qualifications: CV mentioning Qualifications, and their
Mandatory Qualification: relevant experience should be enclosed
i). MCA/ BE / BTech as part of the technical bid.
Mandatory Experience:
i). More than 5 Years of relevant experience as a system administrator

Marking Criteria:
a). More than 7 years of experience= 4 marks
b). Minimum 5 to 7 years of experience= 3 marks
Additional Marks:
a). 1 additional mark for CCTNS experience

12 UI/UX Developer Proposed technical staff should be having following qualifications: CV mentioning Qualifications, and their
Mandatory Qualification: relevant experience should be enclosed
i). BE / BTech Graduation as part of the technical bid.

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RFP for providing technical staff for Police Computer Wing Karnataka

S. No. Criteria Evaluation Criterion Details Supporting Documents Required

Mandatory Experience:
i). More than 5 Years of relevant experience as a front-end developer
Marking Criteria:
a). More than 6 years of experience= 4 marks
b). Between 5 to 6 years of experience= 3 marks
Additional Marks:
a). 1 additional mark for CCTNS experience
b). 1 additional mark for projects done with Karnataka Government

13 Application Tester Proposed technical staff should be having following qualifications: CV mentioning Qualifications, and their
Mandatory Qualification: relevant experience should be enclosed
i). BE / BTech Graduation as part of the technical bid.
Mandatory Experience:
i). More than 5 Years of relevant experience as a tester

Marking Criteria:
a). More than 5 years of experience = 3 marks
b). Between 4 to 5 years of experience= 2 marks
Additional Marks:
a). 1 additional mark for CCTNS experience

14 Approach & The bidders need to provide technical presentation on following points.
Methodology Each points contains max 5 marks.
by the bidder i. Approach & Methodology for data migration and state-wide
rollout of application version 2
ii. Project execution and continuity plan

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RFP for providing technical staff for Police Computer Wing Karnataka

S. No. Criteria Evaluation Criterion Details Supporting Documents Required

iii. Management of cloud enabled application and other hybrid


applications.
iv. Understanding of Police IT application or CCTNS
v. Knowledge transfer and exit management plan

The overall marking for this section will be minimum 15 marks and
maximum is 25 marks.

Note: It is mandatory that all resources should be on payroll of the bidder for at-least past 6 months and at-least 50% proposed resources should be well-
versed with Karnataka State’s administrative language.

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 Bidder to score minimum marks in each criteria.
 The Technical Evaluation would be done for only those bidders, who comply with the pre-
qualification criteria mentioned in Pre-qualification Criteria.
 Only those bids which have a minimum technical score of 60% of total marks as in table above shall
be considered qualified. However, PCW, Karnataka Police reserves the right to lower the minimum
required marks if none of the bidders achieves 60% of the total technical marks.
 Ongoing projects shall be considered under experience as on the date of publishing of tender.
 For Senior Programmer and Junior Programmer profiles, bidder needs to provide CV for all
proposed technical staff as per the technical staff requirement. However, the marking will be
provided only for 1 CV scoring highest mark in the respective category and remaining profiles
should meet the minimum criteria.
 All proposed resources should be present for technical presentation. Department will evaluate
each technical staff. In case any profile/technical staff is found non-satisfactory, then same should
be replaced (as per the minimum criteria) before project initiation.

Note: Purchaser reserves the right to share the technical score of the qualified bidder with
respective bidder only. After sharing of the technical score, the bidder shall be required to maintain
strict confidentiality and the integrity of the technical scores shared with them by Purchaser.

6.4. Evaluation of Commercial Bid

 Commercial bids submitted by only those bidders, who have qualified both prequalification and
technical evaluation, shall be eligible for further evaluation.
 Purchaser may declare the Technical Marks only to the technically qualified bidders prior to
opening the Commercial Bids of the bidders.
 The commercial Bids for the technically qualified bidders shall then be opened on the notified date
and time and reviewed to determine whether the Commercial Bids are substantially responsive.
Bids that are not substantially responsive are liable to be disqualified at purchaser's discretion.
 Commercial Bids that are not as per the provided format mentioned in RFP shall be liable for
rejection.
 The bidder will be selected based on QCBS ratio of 70:30 i.e., 70 Technical and 30 Financial.
 Evaluation criteria proposed to be adopted will be Quality cum Cost Based System (QCBS) where
Technical Bid Score will get a weightage of 70% and Commercial Bid Score a weightage of 30%.
 The bidder would be technically evaluated out of 100 marks. All the bidders who secure overall
minimum of 60% (60 Marks out of 100 across all the components together) will be considered as
technically qualified. Technical score of all bidders will be calculated on the basis of the following
formula:
 Technical Score of bidder (TS) = Technical Marks received by the bidder x 70%
 The Bid having the Lowest Commercial Quote shall be termed as the Lowest Evaluated Bid and will
be awarded 100 marks. Commercial score of all the other bidders will be calculated on the basis of
the following formula:
 Commercial score of bidder (CS) =(Lowest Total Price from all Commercial Bids / Total Price based
on the Commercial bid by the bidder under consideration) X 100*30%

Issued by: SCRB, Police Computer Wing, Karnataka State Police 25 v0.0
RFP for providing technical staff for Police Computer Wing Karnataka

 Final Score of the bidder: Final Score of each bidding party will be computed by adding the technical
score and Commercial Score on the basis of the following formula: Total Score = TS + CS
 The bidder whose bid has secured the “Highest Total Score” out of 100 as per above evaluation will
be considered as best evaluated Bid.
 Example demonstrating the calculation of Technical Score and Commercial Scores is provided
below:

Bidder Marks Received by bidder Calculations Technical Score of bidders (TS)


Bidder 1 60 60*70% 42

Bidder 2 80 80*70% 56

Bidder 3 90 90*70% 63

Bidder 4 95 95*70% 66.5

Bidder Commercial Quote Calculation of commercial Commercial Score of


Provided by bidder score Bidder (CS)
(As Above in Cr.)
Bidder 1 10 (10/10) *100*30% 30

Bidder 2 11 (10/11) *100*30% 27.27

Bidder 3 13 (10/13) *100*30% 23.08

Bidder 4 12 (10/12) *100*30% 25.00

Total Score of the bidders

Bidder Technical Score Commercial Score (CS) Total Score


(TS)
Bidder 1 61.6 30 72.00

Bidder 2 63.0 27.27 83.27

Bidder 3 56.0 23.08 86.08

Bidder 4 66.5 25.00 91.50

The bidder with the highest final score shall be treated as the best evaluated Bid. In the above
example, Bidder 4 will be treated as best evaluated Bid.

 Bidders quoting incredibly low or unrealistic high cost of items leading to unrealistic commercial
bid with a view to subverting the tender process shall be rejected straight away and EMD of such

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RFP for providing technical staff for Police Computer Wing Karnataka

vendor shall be forfeited. Any bid found to be unsatisfactory in terms of any of the evaluated
parameters as mentioned may be rejected and shall not be considered for further evaluation.
 If Bidder quotes NIL charges, the bid shall be treated as unresponsive and shall not be considered
for evaluation.
 The Selected bidder shall not be declared till the detailed commercial bid is not evaluated. During
the evaluation if the Purchaser finds that the detailed commercial bid is not in order or not
complete etc. then Purchaser shall treat his bid as non-viable and same shall be rejected, and EMD
shall be forfeited. In such case next ranked bidder shall be considered for further evaluation and so
on till a bidder is selected.
 If any bidder withdraws their bid, at any stage after the submission of the bid, till the final
evaluation or declaration of the final selected bidder, it shall be declared a defaulting bidder and
EMD of such defaulting bidder shall be forfeited, and Purchaser reserves right to blacklist such
bidders for next three years from participating in any Purchaser tender. In such situation the
tendering process shall be continued with the remaining bidders as per their ranking.
 If the bidder backs out after being declared as selected bidder, it shall be declared a defaulting
bidder and EMD of such defaulting bidder shall be forfeited and Purchaser reserves right to blacklist
such organization for next three years from participating in any Purchaser Tender. In such case the
detailed commercial bid of next ranked commercial bidder shall be evaluated.
 Next ranked commercial bidder also backs out then Purchaser shall complete the tender process
by following the same process again for other remaining commercial ranked bidders
 The Commercial Bids shall be opened at GeM portal and the proceeds shall be updated on the same
 Bidder must quote the prices for each line item, without including tax amounts. The applicable GST
will have to be incorporated by the chosen vendor/successful bidder at the time of presenting bills
for their services.

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RFP for providing technical staff for Police Computer Wing Karnataka

7. Technical staff Requirement and Job Profile

Through this RFP, PCW, Karnataka requires the resources for providing the services of the following
skilled technical staff. PCW will hire up to 13 numbers of technically qualified resources during the
contract period for specific period and required skillset in the RFP. Depending upon the project
requirements, agency will be asked to depute additional technical staff by providing 30 days prior
notice
Following are the technical staff requirements and brief job description of the key technical staff:

Sr. No. Designation/ Type of Resource No of technical staff required


1. Team Leader / Project Manager 1
2. Senior Programmer 2
3. Junior Programmer 3
4. Application Tester 1
5. System Administrator 1
6. IT Security Manager 1
7. Network Administrator 1
8. Database Administrator 1
9. Mobile Application Developer 1
10. Web Designer 1
Total Technical staff Requirement 13
Note: It is mandatory that all proposed resources should be well-versed with Karnataka State’s
administrative language.

7.1. Roles & Responsibilities

Following are the indicative Roles and Responsibilities of the deployed Resource (but not
limited to). The technical staff to ensure that the roles and responsibilities along with the
detailed scope of work are mentioned in the Section “Scope of Work”, the department may
assign additional tasks based on the requirement.
i. Project Manager
 Developing project plans, goals, and budgets; identifying resources needed
 Developing schedules and methods for measuring results
 Guiding and performing strategic analysis for the project
 Organizing and managing all phases of the project to ensure on-time completion.
 Assembling and coordinating project team members; assigning individual responsibilities.
 Planning and overseeing the preparation and dissemination of project communications.
Support in stakeholder meetings and coordination
 Support the department in end-to-end bid process management and preparation of various
reports.
 Support in various stake holders report preparation, connectivity at police stations, operations
of Police IT V1 and Police IT V2 etc.

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RFP for providing technical staff for Police Computer Wing Karnataka

ii. Senior Programmer and Junior Programmer


 Develop modules as per the requirements.
 Conduct necessary changes for the code optimization, bug fixes.
 Configuration and Change management.
 Support in preparation of project documents.
 Assist in architecting, designing applications.
 Code, Test and deliver quality code.
 Reviewing code work for accuracy and functionality.
 Creating and implementing design plans.
 Works on minor bug issues
 Writes reports regarding the state of software under development.
 Take part in active development under guidance of Project Manager, Team Lead and Sr.
Developer.

iii. Application Tester


 Conducts development tests.
 Prepare test plan, test cases and support department in conducting UAT.
 Support in preparation of user manuals.
 It is preferred to have experience of manual and automated testing.
 To conduct integration, regression testing of the application/ module developed.

iv. System Administrator


 Data Centre - Server management, storage management, backup management, virtualization.
 Implementation or formulization of various policies at DC and DR.
 Installation, configuration, monitoring, troubleshooting, maintenance, Root Cause Analysis.
 Backup recovery and restoration of the services.
 Knowledge of cloud architecture, monitoring of cloud services hosted, report generation.
 Monitor all system alerts and assist to resolve complex issues in system hardware and
software.
 Administer efficient work of servers and system and provide support to everyday operations.
 Analyse system for failure and assist to restore files with help of operating system.
 Supervise efficient application of various window patches and security controls.
 Manage and monitor system plans and supervise all activities for plan and unplanned systems.
 Install and configure various commercial products on window operating systems.
 Supervise system software processor and prepare upgrade strategies for storage.
 Administer and execute various management activities and manage all backup activities.
 Coordinate with various groups and perform troubleshoot on all production problems and
provide resolution.
 Collaborate with networking department and install necessary hardware to systems.
 Perform research on system technology and provide resolution to complex issues for
processes.
 Manage database, monitor trouble tickets and provide appropriate resolution for same.
 Determine support to patch application and timeframe for same and develop appropriate
strategies.
 Develop complex system standards and recommend improvements to enhance performance.

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RFP for providing technical staff for Police Computer Wing Karnataka

 Coordinate with management and evaluate conduct capacity for system.

v. IT Security Manager
 Data Centre security management
 Installation, Configuration, maintenance, monitoring and trouble shooting of Firewall, Web
Application Firewall, Threat Management Device (zero day protection), Anti Spam solution,
SIEM, SOAR, UEAB, NDR etc.,
 Implementation of security policies as per the industry standards to safeguard the data center.
 Monitoring the security infrastructure and taking corrective actions.
 Monitoring and Management of Device Hardening, Antivirus, Patch Deployment etc.,
 An information and data security expert shall ensure that ISO 27001 standards are
implemented thoroughly before go-live of every patch or update
 Periodical penetration testing should be performed on all listed applications and websites for
vulnerability assessment.
 The expert should also provide consulting services in order to make the Karnataka State Police
Data Centre, resilient from cyber-attacks.

vi. Network Administrator


 Network Setup and Configuration: Deploy and configure routers, switches, firewalls, and other
network hardware. Set up both the physical and wireless networks, including components like
server networking, storage networking, and data center bridging.
 Maintenance and Upgrades: Regularly update network equipment with the latest firmware
releases and patches to enhance performance and security. Replace aging network hardware
and software with newer technology to keep up with advancements and ensure reliability.
 Network Monitoring and Performance Management: Use network monitoring tools to
observe network traffic and to detect, diagnose, and resolve performance issues. Track system
performance and manage network traffic with comprehensive logging and reporting.
 Troubleshooting and Support: Provide technical support for network-related issues to IT
teams and end-users. Resolve issues related to network efficiency and downtime, ensuring
minimal impact on data center operations.
 Disaster Recovery and Business Continuity: Design and implement disaster recovery plans that
maintain network operations in the event of a disaster or failure. Ensure that backup systems
operate effectively and that recovery procedures are tested and updated regularly.
 Capacity Planning and Scalability: Analyse current network resource usage to predict future
needs. Plan and execute network expansion and scaling strategies to accommodate increasing
loads and new technologies in the data center.
 Documentation and Policy Development: Maintain detailed documentation for network
architectures, configurations, processes, and service records. Develop and enforce policy
guidelines to ensure consistency and security across all network operations.
 Vendor Management and Procurement: Coordinate with vendors for the procurement of
network resources and services. Manage contracts and service agreements to ensure that
vendors meet the technical and service requirements of the data center.

vii. Database Administrator

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RFP for providing technical staff for Police Computer Wing Karnataka

 Manage SQL Server databases.


 Configure and maintain database servers and processes.
 Monitor system's health and performance.
 Ensure high levels of performance, availability, sustainability and security.
 Analyse, solve, and correct issues in real time.
 Provide suggestions for solutions.
 Refine and automate regular processes, track issues, and document changes.
 Assist developers with query tuning and schema refinement.
 Perform scheduled maintenance and support release deployment activities.

viii. Mobile Application Expert


 Development of mobile application or support in fixing of mobile application bugs
 Suggest improvements for performance optimization.
 Integration with other services

ix. Web Designer


 Designing of front end
 Support in modifications of existing applications
 Integration with other applications

x. Expert Technical staff: Department may request for additional or expert technical staff with
different skillset based on the requirement for development or support. The bidder is required to
same as per the requirement against any deployed technical staff till completion of the activity.

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RFP for providing technical staff for Police Computer Wing Karnataka

7.2. Terms and Conditions for Technical staff

A. Period for Replacement of Resources


The resources shall be deployed within 7 days from the date of the written intimation failing
which penalties would be levied as per RFP conditions.

B. Department will conduct interview of the proposed resources before deployment to the
project. Only approved resources to be deployed to the project.

C. In case of non-availability of technical staff for more than 7 days, bidder to ensure availability
of another technical staff to avoid penalty.

D. The technical personnel to be deployed on outsourcing shall possess the qualifications


mentioned in the Terms of Reference attached to this work order.

E. Technical staff to be recruited as per working hours of Police Computer Wing. The technical
staff for every completed service of every month is Eligible for one day of casual leave. On
Sundays/Government Holidays in case of emergencies/necessity staff have to come and work
when called so.

F. Shift for data centre resources will be commenced as per the agreed roster.

G. The organization shall pay the monthly wages of the staff to the concerned department after
deducting the statutory levies under the Minimum Wages Act and the Labor Act and other
applicable Acts and Rules. Informing this office about this.

H. For Technical Resources working in Police computer wing, at the time of claiming Monthly
wise payment it is compulsory to submit Attendance and Satisfactory report for the said
month under consideration should be signed and submitted by the officer in charge for the
respective department.

I. Monthly salaries of staff should be paid by cheque or ECS. The on-duty staff employees of
their organization and it is your organization's responsibility to pay them monthly salary every
month.

J. The organization shall pay the applicable monthly ESI, PF and PT bills to the concerned office
on time. In case of mistake, their organization will have to be responsible for this.

K. Personnel assigned by the organization shall abide by the rules of this unit. In case of violation
of rules, complaint, unauthorized absence, performance of staff found unsatisfactory, their
service shall be terminated and the organization shall immediately arrange replacement.

L. Staff posted by the organization, not permanent/part-time employees for any reason. They
are employed as employees on outsourced basis.

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RFP for providing technical staff for Police Computer Wing Karnataka

M. In case of any accident or any other problem to the personnel posted in their organization,
the organization shall take action as per rules. That means insurance facility should be
provided in the name of the staff.
N. Mandatory wearing of ID card by staff is compulsory and Outsourced staff has to sign the
attendance register kept in the reception and enter in Biometric also both while entering and
exit from the office in the evening. Biometric data will be considered while Approving Payment
for staff. No staff is entitled for work from home.

O. If the technical staff is not completing his work task within the stipulated time period he
may be deducted 10% of monthly salary as penalty amount.

P. No kind of transport facility or medical facilities or any other kind of privileges will be provided
by this unit to the staff.

Q. In case of any dispute or dispute with the staff, the organization shall mediate and resolve it
amicably.

R. Any type of recruitment pension etc. facility of Police Department/Govt Not applicable. In any
relief/facility/service to staff to merge No right to exercise any right to regularize the service.

S. The personnel employed by the organization shall not disclose to outsiders the information of
the work performed in this unit. Confidentiality shall be maintained regarding the information
related to administrative/technical matters of this unit. Corporation will be held directly
responsible for any breach of this entity due to failure of personnel to maintain confidentiality.

T. Recruited staff will sign a Non-Disclosure Agreement and submit it to this office.

U. Computers and other equipment provided to the staff for working should be maintained
responsibly. Any damage or loss caused to this unit by the staff shall be borne by the
organization.

V. Police IT V-2 software is being used in all the police stations of the state and through this
software the public has to be provided with the most urgent service so that the said service is
continuously staffed 24 hours a day without any hassle.

W. If the technical staff wants to be released from duty on their own violations, they should seek
permission in writing 2 months in advance and the release will be subject to the permission
of the department. In such case it shall be the responsibility of the responsible organization
to inform and obtain permission from this office before appointing another staff member with
full technical knowledge of the released technical staff in place of the technical staff being
released.

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RFP for providing technical staff for Police Computer Wing Karnataka

X. For the service performed by the said personnel, the money will be released according to the
amount of the bill given by the organization on a monthly basis.

Y. Release of money according to the amount of bill given by the organization on a monthly basis
for the services performed by the said staff will be done and the staff will not be on scheduled
holidays.

Z. Most of the staff get more leave Such as the amount due for the leave period will be debited
in the monthly salary.

AA. In the event that the appointed technical staff have to go out of the office in case of
emergency, they should take the prior permission of the Unit Officer.

BB. There should be no adverse reports/criminal proceedings against the personnel employed by
the organization. The institution itself will submit a police verification report on his conduct
and antecedents.

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RFP for providing technical staff for Police Computer Wing Karnataka

8. Payment Terms

i. Monthly payment to be disbursed among entire project tenure i.e., Total Project Cost/12 months.
ii. The Vendor will raise a monthly invoice along with the attendance certificates from PCW and
payment details to the resources based on the actual deployment of resources to the PCW and
actual days worked by the resources accounting for authorized leave and deduction arising from
unauthorized absence, non-performance penalty etc.
iii. The PCW shall make a payment after deduction of any penalties of the invoice within 30 working
days of raising of invoice. All payments to the successful Bidder shall be made by PCW upon
submission of invoices and approval of the same. In addition, Tax deduction at source on all
payments would also be made as per the Government provisions.

Important Points
i. Payment Process
 The Vendor will raise a monthly invoice along with the attendance certificates from PCW and
payment details to the resources based on the actual deployment of resources to the PCW
and actual days worked by the resources accounting for authorized leave and deduction
arising from unauthorized absence, non-performance penalty etc.
 The Vendor will be required to furnish bill with complete details of all the employee benefits
given to the deployed resources. These details must include the insurance coverage payment,
Employee Provident Fund (EPF) payments details (both the employee and employer’s share)
etc. Bills should also clearly specify the applicable taxes and amounts.
 The PCW shall make a payment after deduction of any penalties of the invoice within 30
working days of raising of invoice. All payments to the successful Bidder shall be made by PCW
upon submission of invoices and approval of the same. In addition, Tax deduction at source
on all payments would also be made as per the Government provisions.

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RFP for providing technical staff for Police Computer Wing Karnataka

9. Service Level Agreement

9.1. Period of Contract


The period of the arrangement is for a period of ONE year commencing from the date of signing
Contract with the department.
The period of contract can be extended further year on year basis (maximum 2 times), subject to
satisfactory performance by the successful bidder for the same price.
9.2. Variation in Number of Resources
PCW shall onboard up to 13 numbers of technically qualified resources during the contract period for
specific period and required skillset/scope of work in the RFP. Agency will be asked to depute
additional technical staff depending upon the project requirements and as per the change control
note.

9.3. Service Level Requirements and Penalties


The agency shall deploy resources as per the Service Level Requirements specified below; else the
penalties as specified shall apply.
All the resources required by PCW as per this RFP shall be deployed by the agency within 7 days of
signing the contract.

9.4. Technical staff or Resources


 All the resources must be on-rolls from same organization. No consortium allowed. No third-
party resources or outsourcing would be allowed. In case of certain unforeseen circumstances,
if sub-contracting is required, a written permission should be sought from PCW.
 If it is found at any point of time during project duration that resources does not fulfill the
above clause, shall be treated as breach of contract, resulting termination of the contract and
blacklisting of the organization.
 PCW is free to relieve any resource at any time (beyond minimum committed period) during
contract period without any penalty by serving 15 days advance notice.
 The resource is to be on the pay roll of the agency at the date of deployment.
 The overall capping is kept at 10% of the quoted price.
 In case of failure to meet the standards of the PCW, (which includes efficiency, cooperation,
discipline and performance) bidder may be asked to replace the resource.
 The payment for replaced resources will be made as per the rates quoted/agreed in the
contract.
 Deployment Penalty: Resources duly qualified through the selection process shall be placed
with the PCW within the 7 days period, failing which penalty will be levied as shown in the
below table.
 Replacement Penalty: In such cases where PCW has informed in writing for replacement of
resources and the agency has not fulfilled the same within the timeline penalty will be levied
as shown in the below table:

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# Measurement Measurement Definition Measurement Interval Target Target Penalty

1. Deployment of All Initial Within 7 days of Letter of No delays allowed in 50% of the monthly cost of
resources deployment of all resources Award (till first month). Post resource deployment the non-deployed
1st month, penalty will be beyond 7 days of date of resource for the particular
levied as per Measurement- 2 signing of contract. month.
The bidder cannot raise
invoice against the non-
deployed technical staff.

2. Non availability of Non availability of resource Monthly No availability of Two (2) times of the
resources for more than 1 month resources from Bidder monthly value of the
after deployment without permission of resource not available.
PCW

3. Replacement of Resource replacement within Monthly No replacement of Two (2) times of the
Resources three months from date of Resources from Bidder monthly value of the
Work without permission of resource changed without
Order PCW permission of the
department.

4. Replacement of In case of change or As and when requested during Within 21 days Nil
Resources replacement of the deployed contract period, subject to an
personnel, the selected upper limit of two resources
bidder shall ensure a during contract period
reasonable amount of time
overlap in activities to ensure
proper knowledge transfer
and handover or takeover of

Issued by: SCRB, Police Computer Wing, Karnataka State Police 37 v0.0
RFP for providing technical staff for Police Computer Wing Karnataka

# Measurement Measurement Definition Measurement Interval Target Target Penalty

documents and other


relevant materials between
the outgoing and the new
member.

5. Penalty on non- PCW will provide 2 written - Non-performance 50% of the technical staff
performance of the notices against the non- beyond 2 cost.
technical staff performance of the technical warnings/notices No payment to be done for
staff. the technical staff from the
subsequent months in
case of no replacement.

6. Non completion of Assigned task not completed Timeline agreed by the Monthly 10% of the monthly salary
the activity within stipulated time department and the bidder quoted

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9.5. Settlement of Dispute

a. Amicable settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection
with this Contract or the interpretation thereof.

b. Arbitration

In case either party is not satisfied with the decision of the above committee, they can institute
arbitration proceedings as per Indian Arbitration and reconciliation Act, 1996, after a 30-day notice
period. Any dispute or difference or claim arising out of, or in connection with, or relating to the
present contract or the breach, termination or invalidity thereof, shall be referred and settled
under the Arbitration Center, Karnataka (domestic and international) rules 2012, by one or more
Arbitrators appointed in accordance with its rules. Arbitration proceedings shall be held in
Bengaluru and the language of the arbitration proceedings and that of all documents and
communications between the parties shall be English.

9.6. Termination Rule


 During the engagement period, if penalty exceeds 10% of the contract price the department
may at its discretion terminate the contract and confiscate the PBG. In addition to confiscation
the PCW may blacklist the said bidder from participating in any tender process of the
Government of Karnataka for a period of Two (2) years.
 If the selected Bidder fails to deliver the commitments within the time period(s) specified in
the Contract, or within any extension thereof granted by PCW pursuant to clause, or
 If the selected Bidder fails to deliver any or all Contracted services as per the Contract or
 If the bidder fails to provide all technical staff after 1 month of signing of the agreement
 If the selected Bidder fails to perform any other obligation(s) under the Contract, or
 The Bidder / selected Bidder in the judgment of PCW has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.
 If the resource is found to do illegal activities, he / she will be punished as per the law & vendor
will also be made responsible for any such misconduct or act of resource. Any such occurrence
will be viewed very seriously by the Department & may decide to terminate the contract apart
from claiming compensation for loss of reputation to the project.

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10. Scope of Work

The role of the bidder is to provide technical staff for Police Computer Wing, Karnataka State Police.
They will deliver the services such as:
The role of the bidder is to provide Technical staff for Police Computer Wing, Karnataka State Police.
They will deliver the services such as:
A. Police IT V1Application
B. Police IT V2 Application
C. Support in post data migration from Police IT v1 to Police IT v2 application
D. Development of Citizen Centric Portal and allied applications
E. Data Centre and Disaster Recovery Centre, Network and IT Infrastructure Management
F. Database Recovery and Security
G. Integration of Police IT with other application like ICJS, FLMS, CCP, M-CCTNS, Smart e- Beat, e-
DAR etc.
H. Any other development and support activities required by the department.
I. Use of GIS/AI/New Technology
J. Knowledge Transfer

10.1. Detailed Scope of work for all Key Components


The resources would assist the department in project monitoring, operation and maintenance of the
following CCTNS activities:

A. Police-IT v1 Application:
 Police IT Application Management Services, Mobile and other customized application
 Integration of services with other external agencies are as per requirement.
 Responsible for application development top of Police IT application and represents.
 Karnataka State Police to end-users and is responsible for working with the user group to
determine what features will be added as per state requirement.
 Ensuring that the Police-IT application and other customized applications fulfils the
requirement of the department.
 Maintaining and updating the product backlog on a continuous basis by refining new
requirements
 Reviewing and setting the priorities assigned to the product development activities and
represents in all projects related meetings.
 Act as technical lead, application developers, Software testers and User acceptance testers for
Police-IT application, mobile apps and customized applications
 To support other police and state departments for providing various reports
 Further to provide handholding and capacity building support of the same customized
applications
 Configuration and customization of Police IT application
 Commissioning and Deployment of customized applications for Police IT application, mobile
apps etc.

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 Infrastructure environment performance monitoring of hosts for Police IT application


 Bug fixes, changes, error resolutions and enhancements of Police IT application
 Change request management based on feedback from the users.
 Release Management and version control of Police IT application
 Routine functional changes, any changes to Police IT application code that may be required
because of patches to licensed software being used (if any). Updating and maintenance of all
project documents
 Establishing a project schedule and determine each phase.
 Providing regular updates to the department and progress of the development tasks
 Preparation of technical manuals to enable users to configure, customize, enhance and deploy
Police IT application in the state.
 Monitoring of relevant software assets including licenses of tools
 ADM (Application Development & Management) team acts as points of contacts for the Police
IT application in the state. ADM team is responsible for addressing queries from Police IT users.
 Ensure seamless data exchange from Police IT application in the state to NCRB.
 Monitoring of troubleshooting, resolution and escalation of user issues and data exchange
between Police IT application and other integrated applications

B. Police IT V2 Application
 Regular progress updates: Schedule regular meetings with the development agency to receive
updates on their progress. This can be done through in-person meetings, conference calls, or
video conferences. Discuss completed tasks, upcoming milestones, and any challenges.
 Review project plan and milestones: Continuously review the project plan, including the
defined milestones and deliverables. Ensure that the development agency is adhering to the
agreed-upon timeline and that milestones are being achieved as planned.
 Conduct quality assurance (QA) checks: Implement a QA process to verify the quality of the
software being developed. This can involve reviewing code, conducting functional and
usability testing, and ensuring compliance with relevant standards and security requirements.
 User acceptance testing (UAT): Engage representatives from the police department to
participate in UAT activities. This involves testing the application in a real-world environment
to ensure it meets the operational needs and requirements of the police department.
 Risk identification and mitigation: Continuously identify and assess potential risks that may
affect the project's success. Work with the development agency to develop mitigation
strategies for these risks and monitor their implementation.
 Stakeholder engagement: Keep relevant stakeholders, such as police department leadership
and end-users, informed about the project's progress. Gather their feedback and address any
concerns or issues raised.
 Project monitoring and management.
 Perform the Code Review
 Development of additional modules as required by the department.
 Development of analytical reports as per department requirement.
 Support on data sharing with centre/NDC.
 Integration with other applications as and when required.

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 Support in application rollout


 Perform modifications & enhancements as per department needs.
 Prepare User Manual for Police-IT v2 application.
 Refresher training in case of modifications of the application or integration
 Cloud monitoring
 Development of Comprehensive Search module

C. Support in post data migration from ITV1 to ITV2 application:


The post-data migration support encompasses the following key areas to ensure a smooth
transition and operational continuity after the data migration process:
 Data Integrity Verification: Conduct thorough checks to confirm that all data has been
accurately and completely migrated without loss or corruption.
 System Functionality Testing: Verify that all systems and applications are functioning correctly
with the newly migrated data. This includes performing end-to-end testing to ensure seamless
integration.
 Issue Resolution: Provide immediate troubleshooting and resolution for any issues that arise
during the post-migration phase. This involves identifying, diagnosing, and resolving data
discrepancies, system errors, and performance issues.

D. Development, Support & Maintenance of Citizen Centric Portal:


 Define requirements: Clearly define the requirements for the Citizen Centric Portal services,
including the desired functionality, user interface, integration with existing systems, security
considerations, and any specific regulations or compliance requirements.
 Conduct feasibility study: Assess the technical feasibility and potential challenges associated
with developing the citizen services module. Consider factors such as data availability, system
compatibility, resource requirements, and any legal or privacy considerations.
 Develop a project plan: Create a comprehensive project plan that outlines the tasks,
milestones, timelines, and resources required for the development of the citizen services
module. Ensure alignment with the overall project objectives and timeline.
 Assign development team: Identify and assign a dedicated development team with the
necessary skills and expertise to work on the citizen services module. This team should include
software developers, UI/UX designers, and testers, as required.
 Collaborative design process: Engage stakeholders, including police department
representatives and potential end-users, in the design process. Gather their input, conduct
user research, and iterate on the design to ensure the module meets the needs and
preferences of citizens.
 Iterative development and testing: Break down the development of the citizen services
module into smaller iterations or sprints. Continuously develop, test, and refine the module in
collaboration with the relevant stakeholders.
 User acceptance testing (UAT): Involve representatives from the police department and
potential end-users in UAT activities for the citizen services module. Conduct testing in real-
world scenarios to ensure functionality, usability, and overall user satisfaction.

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E. Data Centre and Disaster Recovery Centre, Network and IT Infrastructure Management:
 Security Protocols and Policies: Develop, implement, and maintain the organization’s security
policies and procedures to ensure the protection of data centre services and data.
 Threat and Vulnerability Management: Regularly perform vulnerability assessments and
penetration testing to identify and mitigate risks. Monitor security systems for anomalies and
respond to potential security breaches.
 Incident Response: Lead the response to security incidents, including the investigation of
security breaches, and assist with legal matters associated with such breaches as necessary.
 Security Audits and Compliance: Conduct regular system audits to ensure compliance with the
latest industry standards, regulatory requirements, and security practices. Prepare audit
findings and develop strategies to rectify security shortfalls.
 Disaster Recovery and Business Continuity: Develop and maintain disaster recovery plans to
ensure continuous network availability and rapid recovery in the event of a disaster.
 Network Security Management: Oversee the operation of firewalls, intrusion detection
systems, anti-virus software, and other security tools to prevent unauthorized access and
attacks.
 Data Encryption: Ensure that all sensitive data stored or transmitted is encrypted to protect
against unauthorized access and breaches.
 Training and Awareness: Conduct security training and awareness programs for employees to
ensure staff understand security policies and procedures.
 Collaboration and Advising: Work closely with IT and network administrators to enhance the
overall security posture. Provide expert guidance on security matters to senior management.
F. Database Recovery and Security
Database Recovery:
 Backup Strategy: Implement a comprehensive backup plan, including full, incremental, and
differential backups to ensure data is consistently protected.
 Recovery Procedures: Establish detailed procedures for restoring data from backups in various
scenarios, such as accidental deletion, data corruption, or system failure.
 Disaster Recovery Plan: Develop and regularly test a disaster recovery plan to ensure rapid
restoration of database functionality in case of major incidents.
 Recovery Time Objective (RTO) and Recovery Point Objective (RPO): Define and meet RTO and
RPO targets to minimize downtime and data loss during recovery processes.
 Verification and Testing: Regularly test backup and recovery procedures to verify their
effectiveness and ensure readiness for actual recovery situations.
Database Security:
 Access Control: Implement robust access controls, including user authentication, role-based
access, and least privilege principles to protect data from unauthorized access.
 Encryption: Use encryption for data at rest and in transit to protect sensitive information from
being intercepted or accessed by unauthorized parties.

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 Security Audits: Conduct regular security audits and vulnerability assessments to identify and
address potential security risks and compliance issues.
 Threat Detection and Prevention: Implement tools and protocols for detecting and preventing
threats such as SQL injection, malware, and other cyber-attacks.
 Patch Management: Maintain an up-to-date patch management process to ensure that all
database software is protected against known vulnerabilities.
 Monitoring and Logging: Continuously monitor database activity and maintain logs to detect
and respond to suspicious activities promptly.
 Incident Response Plan: Develop and regularly update an incident response plan to swiftly and
effectively address any security breaches or threats.
 Supports, modifies, and updates the hardware and application and database systems.
 Ensuring compliance to processes and procedures of DC and DRC
 Report Generation for systems and backup
 Administrating and managing the Management Server, Backup Schedule, Antivirus servers etc.
 Maintaining Monitoring Solution and Clustered Environment, storage hardware and
configuration
 Maintaining Licenses for software’s, desktop hardware and software support
 Server hardening
 Storage
 Hypervisor
 Virtualization
 DC- DR replication, DC-NDC replication
 DC-DR drill
 Access management

G. Integration of Police IT Application both v1 and v2 with other application:


 Integration of Police IT with other application like ICJS, FLMS, CCP, M-CCTNS, Smart e- Beat, e-
DAR, i-RAD, FICN, i-MOT, CEIR, Sevasindhu, SAKALA, Mahithi Kanaja, Vahaan, KSRSAC, Body
Worn Camera, Karnataka State Police Portal etc. for data exchange with other stake holders to
achieve inter-operability.

H. Any other development and support activities required by the department.


 Development of new modules other than Police ITV1/V2
 Support in hosting of existing applications on cloud as per the requirement
 Any other task assigned by the department.

K. Use of GIS/AI/New Technology


 Use of AI/ML technology to search for keywords.
 Development of Accused Search and Link Analysis
 Development of Analytic Dashboard

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 Integration and Reports with GIS


 Development of User Customized Dynamic Reports

L. Knowledge Transfer – Bidder to conduct successful Knowledge transfer to the department or


the department selected agency before 1 month of the exit.

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11. General Terms and Conditions

1. Please note that:


 The costs of preparing the proposal and of negotiating the contract, including a visit to the
PCW, are not reimbursable as a direct cost of the assignment; and
 The PCW is not bound to accept any of the Proposals submitted. (iii) The service provider
is responsible for all the costs associated with the preparation and submission of tenders
2. Government of Karnataka (GOK) expects the bidders to provide professional, objective, and
impartial advice and at all times hold the PCW's interest paramount, without any consideration
for future work, and strictly avoid conflicts with other assignments or their own corporate
interests. Consultants shall not be hired by the vendor for any assignment that would be in
conflict with their prior or current obligations to other clients, or that may place them in a
position of not being able to carry out the assignment in the best interest of the PCW.
3. It is GOK's policy to require that the Bidders observe the highest standard of ethics during the
execution of such contracts. In pursuance of this policy, the GOK:
Defines, for the purposes of this provision, the terms set forth below as follows:
i. "Corrupt practice" means the offering, giving, receiving, or soliciting of anything of value
to influence the action of a public official in the selection process or in contract execution;
and
ii. "Fraudulent practice" means a misrepresentation of facts in order to influence a selection
process or the execution of a contract to the detriment of GOK and includes collusive
practices among Bidders (prior to or after submission of proposals) designed to establish
prices at artificial, non-competitive levels and to deprive GOK of the benefits of free and
open competition.
4. PCW will reject a proposal for award if it determines that the Bidder recommended for award
has engaged in corrupt or fraudulent activities in competing for the contract in question.
5. PCW will declare a Bidder ineligible, either indefinitely or for a stated period, to be awarded
GOK-financed contract if it at any time determines that the Bidder has engaged in corrupt or
fraudulent practices in competing for, or in executing, a GOK-financed contract.
6. The company should produce an affidavit on stamp paper in original stating that the company
is not blacklisted by the government of Karnataka for indulging in corrupt or fraudulent practices
or for indulging in unfair trade practices.

11.1. Clarification of RFP


All enquiries / clarifications from the bidders, related to this RFP must be directed in writing or by mail
exclusively to the PCW. The preferred mode of delivering written questions would be through email.
Telephone calls will not be accepted. Clarification sought should include a reference to the applicable
section number in the RFP. In no event PCW will be responsible for ensuring that bidders' inquiries
have been received by the PCW. The PCW will endeavour to provide in writing a full, complete,
accurate, and timely response to all questions. However, the PCW makes no representation or
warranty as to the completeness or accuracy of any response, nor does the PCW undertake to answer

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all the queries that have been posed by the bidders. No request for clarification from any bidder shall
be entertained after the last date for seeking clarifications, as specified in this RFP.

11.2. Pre-bid Meeting


The PCW will host a Pre-Bid Meeting, tentatively scheduled to occur on the date as mentioned in this
RFP. The purpose of the conference is to provide bidders with information regarding the RFP and the
requirements of the Project, and to provide each bidder with an opportunity to seek clarifications
regarding any aspect of the RFP and the Project. The responses to the queries from all potential bidders
will be distributed to all the attendees after Pre-Bid Meeting.

11.3. Amendment of the RFP Document


At any time before the submission of Proposals, the PCW may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective bidder, modify the RFP documents
by amendment. Any amendment shall be issued through publication of addendum in the e-
Procurement portal. The PCW may at its discretion extend the deadline for the submission of
Proposals.

11.4. Liability of the PCW in Preparation and Bid Submission


The PCW is not liable for any cost incurred by a Bidder in the preparation and production of any
Proposal, the preparation or execution of any benchmark demonstrations, simulation, or laboratory
service or for any work performed prior to the execution of a formal contract. All materials submitted
become the property of the PCW and may be returned at its sole discretion.

11.5. Earnest Money Deposit (EMD)


 Bidders shall pay the said EMD amount online.
 Submitting the Bid without EMD form will be liable for rejection without providing any opportunity
to the bidder concerned.

11.6. Language of Proposal


The Proposal and all correspondence and documents shall be written in English. All Proposals and
accompanying documentation will become the property of the PCW and will not be returned.

11.7. Bid Currency


Prices shall be quoted entirely in Indian Rupees.

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11.8. Prices
i. The Bidder shall quote a fixed price for all the Services offered. No adjustment of the quoted
price shall be made on account of variation of costs of labour and materials or any other cost
component affecting the total cost in fulfilling the obligations under the contract.
ii. The quoted price and applicable taxes shall be the only payment, payable by the PCW to the
successful Bidder, subject to the terms of payment specified in the Contract. The quoted price
should clearly indicate- for each line item- the amount, without taxes duties etc. TDS deductions
shall be made by PCW as per prevalent rules and regulations.
iii. The payment charges for deploying additional resources shall be applicable in the rates specified
in the contract price.
iv. The prices, once offered, must remain firm and must not be subject to escalation for any reason
whatsoever within the period of the project.

11.9. Correction of Errors


i. Bidders are advised to exercise greatest care in entering the pricing figures. No excuse that
mistakes have been made or requests for prices to be corrected will be entertained after the
quotations are opened. All corrections, if any, should be initialled by the person signing the bid
form before submission, failing which the figures for such items may not be considered.
ii. Arithmetic errors in bids will be corrected as follows:
iii. Where there is a discrepancy between the amounts in figures and in words, the amount in words
shall govern. The amount stated in the bid form, adjusted in accordance with the above procedure,
shall be considered as binding, unless it causes the overall bid price to rise, in which case the
original bid price shall govern.

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11.10. Disqualification of Bid


The bid is liable to be disqualified in the following cases:
i. The Bid not submitted in accordance with this document.
ii. During validity of the bid, or its extended period, if any, the Bidder increases his quoted prices.
iii. The Bidder qualifies the bid with his own conditions.
iv. Bid is received in incomplete form.
v. Bid is received after due date and time.
vi. Bid is not accompanied by all requisite documents.
vii. Submission of Commercial Bid Value with the Pre-qualification cum Technical Bid

11.11. Period of Validity of Bids


i. The bids shall be valid for a period 6 months, for any unforeseen delay in evaluation and award
of contract to the successful Bidder, from the closing date for submission of the bid. A Bid valid
for a shorter period may be rejected as non-responsive. On completion of the validity period,
unless the Bidder withdraws his bid in writing, it will be deemed to be valid until such time that
the Bidder formally (in writing) withdraws his bid.
ii. In exceptional circumstances, at its discretion, the PCW may solicit the Bidder's consent to an
extension of the period of validity. The request and the responses thereto shall be made in
writing (or by fax or email).

11.12. Format and Signing of Bid


i. The Bidder must organize the bid in accordance with the format specified in the RFP.
ii. All proposals must be signed with the bidder's name and by a representative of the bidder, who
is authorized to commit the bidder to contractual obligations. All obligations committed by such
signatories must be fulfilled.

11.13. Background of Proposed Resource


The bidders shall provide a declaration stating that the proposed resources do not have any criminal
antecedents.
11.14. Content and Form of Resource
This Section aims to facilitate the bidders in preparation of a proper response in a uniform manner
thereby helping in the evaluation process. Bidders shall submit their response as per the directions
mentioned in this section. Failure in doing so may result in the bid being eliminated at the examination
stage as unresponsive.

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11.15. Performance Bank Guarantee


The successful bidder shall have to submit a performance bank guarantee (PBG) of amount equivalent
to 8% of the total awarded contract value. The PBG should be valid for a period of awarded project’s
duration.

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12. Annexures

12.1. ANNEXURE I: Technical Bid Formats


12.1.1 Proposal Covering Letter
Date:
To,
Additional Director General of Police,
Police Computer Wing,
7th floor, gate no. 1,
MS Building, Dr Ambedkar Veedhi,
Bengaluru, Karnataka 560001

Reference: Request for Proposal for technical staff for Police Computer Wing, Karnataka State Police

Dear Sir,

Having examined the Request for providing technical staff for Police Computer Wing, Karnataka State
Police, the receipt of which is hereby duly acknowledged, we, the undersigned, offer to provide
professional services as required and outlined in the Request for providing technical staff for Police
Computer Wing, Karnataka State Police. To meet such requirements and provide such services as
required are set out in the Request for Proposal for Managing Operations and Maintenance of IT
Applications of Police Computer Wing, Karnataka State Police.

We attach here to the technical response as required by the Request for providing technical staff for
Police Computer Wing, Karnataka State Police, which constitutes our proposal. We undertake that, if
our proposal is accepted, to adhere to the scope of work put forwarding the Request for Proposal (RFP)
or such adjusted plan as may subsequently be mutually agreed between us and the PCW or its
appointed representatives and provide services.

If our proposal is accepted, we will obtain a performance bank guarantee in the format given in the
Request for Proposal document issued by a Scheduled Commercial Bank in India, acceptable to the
PCW, for a sum equivalent to 5% of the total price that of awarded contract value as mentioned in the
work order in our financial proposal for the due performance of the contract.

We agree for unconditional acceptance of all the terms and conditions set out in the Request for
Proposal document and also agree to abide by this tender response for a period of SIX MONTHS from
the date fixed for bid opening and it shall remain binding upon us with full force and virtue, until within
this period a formal contract is prepared and executed, this tender response, together with your

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written acceptance thereof in your notification of award, shall constitute a binding contract between
us and the PCW.

We agree that you are not bound to accept the lowest or any tender response you may receive. We
also agree that you reserve the right in absolute sense to reject all or any of the products/ service
specified in the tender response.

It is hereby confirmed Company that I/We are entitled to act on behalf of our organization and
empowered to sign this document as well as such other documents, which may be required in this
connection.

Dated this Day of 2024

(Signature) (In the capacity of)

Having the Power of Attorney & duly authorized to sign the Tender Response for and on behalf
of:

(Name and Address of Company) Seal/Stamp of Bidder:

Witness Signature:

Witness Name:

Witness Address:

CERTIFICATE AS TO AUTHORISED SIGNATORIES

I, certify that I am…………………………… of the …………………, and that


……………………………………………………………… who signed the above Bid is authorized to bind the
corporation by authority of its governing body.

(Seal here) Date:

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12.1.2 General Information of the Bidder

Requirements in Technical Response Supporting Docs at Page No


Bid in the bid

Name of the Company


Date of Incorporation
(Registration Number&
Registering Authority) VAT No.,
CST No., PAN No.
Legal Status of the Company in Public Ltd Company /
India& Nature of Business in India
Private / Limited

Liability Partnership

Company
Address of the Registered
Office in India
Date of Commencement of
Business/Formation/Registration
Address of the office in
Bengaluru
Details of the Name:
Contact Person
E-mail id:

Phone number:

Fax number:
Website

Place: Bidder’s signature and seal:

Date:

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12.1.3 Citations Format for furnishing the details of the projects handled by the bidder for the
technical bid evaluation.

Sl. No. Item Details


General Information
1. Name of the client

2. Details of Contact Person

Name:

Designation:

Email:

Phone:

Fax:

Mailing Address:
Project Details
3. Name of the project

4. Start Date/End Date

5. Current Status (work in


progress, completed)
6. Contract Tenure

Size of the project


7. Order Value of the project
(In lakhs)
8. Total Cost of / Value of the
project
9. Please provide copies of
Work Order or Certificate of
Completion for completed
projects from the customer
Brief description of scope of project (Highlight the Key Result Areas expected and achieved)

I, the undersigned, certify that to the best of my knowledge and belief, this citation correctly describes
the project related details mentioned above and the entire software development exercise was done

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using our own staff deployed under our payroll. That the project proposed meets all requirements
detailed in the relevant sections of the Qualification Criteria. I understand that any wilful
misstatement described herein may lead to my disqualification or dismissal, if engaged.

Signature of Authorized Signatory:

Date:

Note: Bidders are required to submit the citations in the above format in all the areas as mentioned in
Evaluation criteria as mentioned in.

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12.1.4 Pre- Qualification and Technical Compliance Checklist

The bidder to submit compliance sheet w.r.t. all the points mentioned in the pre-qualification
and technical criteria mentioned in the RFP in the following format.

A. Pre-Qualification Checklist

S No Criteria Compliance Document Compliance Document Page


Submitted Reference

B. Technical Compliance Checklist

S No Criteria Compliance Document Compliance Document Page


Submitted Reference

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12.1.5 Turnover and Net worth of the Company

(To be signed by Chartered Accountant clearly mentioning UDIN)

Year Total turnover of Net worth Supporting Docs Page


bidder No. in the bid
(1) (2) (3) (4)

FY 2020 – 21

FY 2021 – 22

FY 2022 – 23

Place: Bidder’s signature and seal:

Date:

Name of Company/ vendor:

Name of Project:

Note: Please attach audited Balance Sheets on the letterhead of statutory auditor/CA with their UDIN
and IT return statements to compare Companying the figures mentioned in columns (2).

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C. Software Development Experience/Consulting – Software projects /CCTNS projects– Form – P3.

Sl No. Project Name Client Value Start/ End Current Proposal


(In Rs.) Date Status Reference
(Page No.)

Place: Bidder’s signature and seal:

Date:

Name of Company/ vendor:

Name of Project:

Note: Provide sufficient evidence such as agreements, work completion certificates along with the
letter from the client to support information provided in the above table.

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12.2. ANNEXURE II: Format for Commercial bid Cost of Technical Staff

Sr. Resource No. of Unit Cost Cost for 1 GST Value for Total Project
No. Description resources (in INR) year (in INR) 1 year (in INR) Cost (in INR)
(A) (B) (C=A*B*12) (D) (E= C+D)
1. Team Leader/ 1
Project
Manager
2. Network 1
Administrator
3. Mobile 1
Application
Expert
4. Database 1
Administrator
5. IT Security 1
Manager
6. System 1
Administrator
7. UI/UX 1
Developer
8. Application 1
Tester
9. Senior 2
Programmer
10. Junior 3
Programmer
Total Project Cost (in value)
Total Project Cost (in figure)

Note:
1. Bidders are requested to quote as per the RFP and if needed clarify about the commercial
bidding format with PCW.

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12.3. ANNEXURE III: Request for Clarifications

Bidders requiring specific points of clarification may communicate with PCW during the
specified period using the following format.

Bidder’s Request for Clarification


Name of Company Name & Designation of Full address of the organization
person submitting request including phone, fax, and email
on behalf of their company points of contact

Address:

Tel:

Fax:

Email:

Sl No Bidding Document Content of RFP Points of clarification required


References (Section requiring clarification
number/Page)
1.

2.

Place: Bidder’s signature and seal:

Date:

Name of Company/ vendor:

Name of Project:

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12.4. ANNEXURE IV: Performance Bank Guarantee

Ref. No. Bank Guarantee No:

To, Date:

Additional Director General of


Police,
Police Computer Wing,
7th floor, gate no. 1
MS Building, Dr Ambedkar Veedhi,
Bengaluru, Karnataka 560001

1. Against contract vide Advance Acceptance of the Tender covering “RFP for providing
technical staff for Police Computer Wing, Karnataka State Police” (hereinafter called the
said 'contract') entered into between the PCW, State Crime Records Bureau, (hereinafter
called the Purchaser) and ___________ (hereinafter called the Bidder) this is to certify
that at the request of the Bidder we __________ Bank Ltd., are holding in trust in favor of
the Purchaser, the amount of 8% of the contract value (write the sum here in words) to
indemnify and keep indemnified the Purchaser against any loss or damage that may be
caused to or suffered by the Purchaser by reason of any breach by the Bidder of any of the
terms and conditions of the said contract and/or in the performance thereof. We agree
that the decision of the Purchaser, whether any breach of any of the terms and conditions
of the said contract and/or in the performance thereof has been committed by the Bidder
and the amount of loss or damage that has been caused or suffered by the Purchaser shall
be final and binding on us and the amount of the said loss or damage shall be paid by us
forthwith on demand and without demur to the Purchaser.

2. We _______Bank Ltd, further agree that the guarantee herein contained shall remain in
full force and effect during the period that would be taken for satisfactory performance and
fulfillment in all respects of the said contract by the Bidder i.e., till
hereinafter called the said date and that if any claim accrues or arises against us Bank
Ltd, by virtue of this guarantee before the said date, the same shall be enforceable against
us Bank Ltd, notwithstanding.
the fact that the same is enforced within six months after the said date, if notice of any
such claim has been given to us Bank Ltd, by the Purchaser before the said date. Payment
under this letter of guarantee shall be made promptly upon our receipt of notice to that
effect from the Purchaser.

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3. It is fully understood that this guarantee is effective from the date of the said contract and
that we Bank Ltd, undertake not to revoke this guarantee during its currency without the
consent in writing of the Purchaser.

4. We undertake to pay to the Purchaser any money so demanded notwithstanding any


dispute or disputes raised by the Bidder in any suit or proceeding pending before any court
or Tribunal relating thereto our liability under this present bond being absolute and
unequivocal.

5. The payment so made by us under this bond shall be a valid discharge of our liability for
payment there under and the Bidder shall have no claim against us for making such
payment.

6. We Bank Ltd, further agree that the Purchaser


shall have the fullest liberty, without affecting in any manner our obligations hereunder to
vary any of the terms and conditions of the said contract or to extend time of performance
by the Bidder from time to time or to postpone for any time or from time to time any of
the powers exercisable by the Purchaser against the said Bidder and to forebear or enforce
any of the terms and conditions relating to the said contract and we, Bank Ltd., shall not
be released from our liability under this guarantee by reason of any such variation or
extension being granted to the said Bidder or for any forbearance by the Purchaser to the
said Bidder or for any forbearance and or omission on the part of the Purchaser or any other
matter or thing whatsoever, which under the law relating to sureties, would, but for this
provision have the effect of so releasing us from our liability under this guarantee.

7. This guarantee will not be discharged due to the change in the constitution of the Bank or
the Bidder.

WITNESS NO. 1 Authorized Bank Representative


-------------------------- -------------------------
(Signature) (Signature)
Full name and official Full name, designation and
Address (in legible letters) address (in legible letters) with Bank stamp

WITNESS NO. 2
-------------------------- Attorney as per power of
(Signature) Attorney No.............
Full name and official Dated………………….
Address (in legible letters)

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12.5. Annexure V - Power of Attorney for signing of proposal.

(On a Stamp Paper of value not less than Rs. 200/-)

POWER OF ATTORNEY

Know all men by these present, we (name and address of the registered
office) do hereby constitute, appoint and authorize Mr. /Ms. (Name and address of
residence) who is presently employed with us and holding the position of as our
attorney, to do in our name and on our behalf, all such acts, deeds and things necessary in
connection with, or incidental to our proposal for the “RFP for RFP for providing technical
staff for Police Computer Wing, Karnataka State Police” for the PCW, including signing and
submission of all documents and providing information / responses to PCW, representing us
in all matters before authorities, and generally dealing with customers in all matters in
connection with our proposal for the said Project.
We hereby agree to ratify all such acts, deeds and things lawfully done by our said attorney
pursuant to this Power of Attorney and that all such acts, deeds and things lawfully done by
our aforesaid attorney shall and shall always be deemed to have been done by us.
For ------------
Accepted
(Signature)
(Name, Title and Address of the Attorney)
Company seal & stamp
(Signature)
(Name, Title
and Address)
Notes:
1. To be executed by the bidder duly supported by a Board Resolution

2. The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of the
executants and when it is so required the same should be under common seal affixed in
accordance with the required procedure.
3. Also, where required, the executants should submit for verification the extract of the
charter documents and documents such as a resolution / power of attorney in favor of
the Person executing this Power of Attorney for the delegation of power hereunder on
behalf of the Bidder.

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12.6. Annexure VI – Letter of Application


[On the Letter Head of the Bidder]

Date:
To:
Additional Director General of
Police,
Police Computer Wing,
7th floor, gate no. 1,
MS Building, Dr. Ambedkar Veedhi,
Bengaluru, Karnataka 560001
Sub: Request for Proposal of RFP for providing technical staff for Police Computer Wing

Dear Sir/Madam,
Being duly authorized to represent and act on behalf of (hereinafter referred to as “the Bidder”)
and having reviewed and fully understood all of the qualification requirements and information
provided, the undersigned hereby expresses its interest and apply for qualification for RFP for
providing technical staff for Police Computer Wing.
We are enclosing our Proposal, with the details as per the requirements of the Bid Document,
for your evaluation.
The undersigned hereby also declares that the statements made, and the information provided
in the Proposal is complete, true and correct in every detail and the application is valid for a
period of 180 days from the due date of submission of application and unconditional.

Yours faithfully,
(Signature of Authorized Signatory)
(Name, Title and Address of the Bidder)
Company seal & stamp

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12.7. Annexure VII– Undertaking on non-blacklisting.

(On the company letterhead)

This is to certify that << COMPANY NAME >> is not blacklisted by the Government of
Karnataka or any of its agencies for any reasons whatsoever and not blacklisted by Central
/ any other State/UT Government or its agencies for indulging in corrupt or fraudulent
practices or for indulging in unfair trade practices and not backed out from executing the
work after award of the work as on the DD of Month YYYY

Company / Authorized

Signatory Name of
Signatory: Bidder
Name:
Date
Place

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12.8. Annexure VIII- Curriculum Vitae (CV)

1. Proposed Position

2. Name of Firm

3. Name of Expert

4. Citizenship

5. Education

Membership in Professional
6. Associations (Professional
Certifications)

7. Countries of Work Experience

Read Write Speak


Language Skills Language

(mark Excellent/ Good/ Average) English

Kannada

<Add language>

Employment Records
8.

From: To:

Employer:

Position Held:

From: To:

Employer:

Position Held:

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From: To:

Employer:

Position Held:

From: To:
Employer:

Position Held:

Key Projects Handled:


1.
2.
3.
4.

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12.9. Annexure IXI - Master Service Agreement

Note: Draft Master Service Agreement is provided below for reference of the bidder. The final terms
and conditions might vary based on discussion with the successful bidder.

1. MASTER SERVICES AGREEMENT

THIS MASTER SERVICE AGREEMENT (“Agreement”) is made on this the <***> day of <***> 2024 at
<Karnataka>, India.

BETWEEN

Additional Director General of Police, Police Computer Wing, Karnataka State Police hereinafter
referred to as ‘Additional Director General of Police/ Authority/ Purchaser/Client, which expression
shall, unless the context otherwise requires, include its permitted successors and assigns;

AND

<***>, a Company incorporated under the <Act Name >, having its registered office at <***>
(hereinafter referred to as Bidder/SI’ which expression shall, unless the context otherwise requires,
include its permitted successors and assigns).

Each of the parties mentioned above are collectively referred to as the ‘Parties’ and individually as a
‘Party’.

WHEREAS:
• Additional Director General of Police, Police Computer Wing, Karnataka State Police is desirous
to hire technical staff for maintaining operations of Police IT applications and implementation
support for Police ITV2 project for a period of up to 1 year.
• In furtherance of the same, Additional Director General of Police, PCW, Karnataka Police
undertook the selection of a suitable Bidder to provide technical staff through a competitive
bidding process for implementing the Project and in this behalf issued Request for Proposal
(RFP) No XXX dated XX/XX/XXXX
• The successful bidder has been selected on the bid response set out in the RFP (Including all
the documents submitted as part of the bid submission including technical bid, clarifications,
and commercial bids) of this Agreement, to undertake the operations and maintenance of the
existing Police IT application and support in implementation of new application.

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NOW THEREFORE, in consideration of the mutual covenants, promises, assurances, representations


and provisions set forth herein, the Parties hereto agree as follows:

2. DEFINITIONS AND INTERPRETATION

2.1. Definitions
(a) Terms and expressions used in this Agreement (including the Introduction) shall have the
meanings set out in the RFP document.
(b) Other terms used in this Agreement are defined where they are used and have the meanings
there indicated. Unless otherwise specifically defined, those terms, acronyms and phrases in
this Agreement that are utilized in the information technology services industry or other
pertinent business context shall be interpreted in accordance with their generally understood
meaning in such industry or business context.

2.2. Interpretation
In this Agreement, unless otherwise specified:

(a) References to Clauses, Sub-Clauses, Paragraphs, and Annexures to this Agreement.


(b) Words denoting singular use the plural and vice-versa and use of any gender includes the other
genders;
(c) References to a ‘company’ shall be construed so as to include any company, corporation or
other body corporate, wherever and however incorporated or established;
(d) References to a ‘person’ shall be construed so as to include any individual, firm, company,
government, state or agency of a state, local or municipal authority or government body or any
joint venture, association or partnership (whether or not having separate legal personality);
(e) Any reference to any statute or statutory provision shall be construed as a reference to the
same as it may have been, or may from time to time be, amended, modified or re-enacted.
(f) Any reference to a ‘day’ (including within the phrase ‘business day’) shall mean a period of
24 hours running from midnight to midnight unless otherwise specified;

(g) References to times are to Indian Standard Time;


(h) Any reference to any other document referred to in this Agreement is a reference to that other
document as amended, varied, novated or supplemented at any time; and
(i) All headings and titles are inserted for convenience only. They are to be ignored in the
interpretation of this Agreement.
(j) Bidder (SI) has been used for the same entity i.e., bidder selected for the project.

2.3. Measurements and Arithmetic Conventions

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All measurements and calculations shall be in the metric system and calculations done to 2
(two) decimal places, with the third digit of 5 (five) or above being rounded up and below 5
(five) being rounded down except in money calculations where such amounts shall be
rounded off to the nearest INR.

2.4. Ambiguities within Agreement


In case of ambiguities or discrepancies within this Agreement, the following principles shall
apply:

(a) As between two Clauses of this Agreement, the provisions of a specific Clause relevant to the
issue under consideration shall prevail over those in a general Clause;
(b) As between the provisions of this Agreement and the Annexures, the Agreement shall prevail,
save and except as expressly provided otherwise in the Agreement or the Annexures; and
(c) As between any value written in numerals and that in words, the value in words shall prevail.

2.5. Priority of documents


(a) This Agreement, including its Annexures, represents the entire agreement between the Parties
as noted in this Clause. If in the event of a dispute as to the interpretation or meaning of this
Agreement it should be necessary for the Parties to refer to documents forming part of the
bidding process leading to this Agreement, then such documents shall be relied upon and
interpreted in the following descending order of priority:
i. This Agreement along with
ii. the SLA agreement,
iii. Annexures
iv. the RFP along with subsequently issued corrigendum(s)
v. Technical and commercial proposal submitted by the successful bidder, to the extent they
along with subsequently issued clarifications furnished by the bidder in response to the RFP,
to the extent they are not inconsistent with any terms of the RFP
(b) For the avoidance of doubt, it is expressly clarified that in the event of a conflict between this
Agreement, Annexures or the contents of the RFP, the terms of this Agreement shall prevail over
the Annexures and Annexures shall prevail over the contents and specifications of the RFP.

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3. Definitions

Term Definition
“Bidder” or “SI” or Could be interchangeably used and it essentially Means the Organization who
“Lead Bidder” is fully responsible towards Additional Director General of Police, Police
Computer Wing, Karnataka State Police for providing technical staff for Police
Computer Wing.

Agreement Means this Master Services Agreement, Service Level Agreement and Non-
Disclosure Agreement together with all the contents and specifications of the
RFP; In the event of a conflict between this Agreement and the Schedules,
the terms of the Agreement shall prevail;
Applicable Law(s) Means any statute, law, ordinance, notification, rule, regulation, judgment,
order, decree, bye-law, approval, directive, guideline, policy, requirement or
other governmental restriction or any similar form of decision applicable to
the relevant party and as may be in effect on the date of the execution of this
Agreement and during the subsistence thereof, applicable to the Project;
Bidder Means the Organization(s) on whose behalf the tender response has been
submitted.
Business Hours Shall mean the working time for Managing Operations and Maintenance of IT
Applications of Police Computer Wing or its associated agencies’.
IT/ITES Services Turnover from business providing IT implementation, IT Consulting,
Management Consulting, Technology Consulting services or other related
services.

4. SCOPE OF THE PROJECT

As defined in this RFP document Section 11 “Scope of Work”.

5. TERM AND DURATION OF THE AGREEMENT

(a) This Agreement shall come into effect on <***> (hereinafter the “Effective Date”) and shall,
unless terminated earlier in accordance with its terms, expire on the date on which this
Agreement expires, which shall be a period of 1 year and can be extended on year on basis
subject to satisfactory performance and conditions notified by ADGP Office, Police Computer
Wing, Karnataka Police Department.

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(b) In the case of such extension of contract beyond the stipulated period, the warranties,
Performance Bank Guarantee, Exit Management protocol, insurance etc. shall be extended for
equivalent period.
(c) In terms of the payment, the yearly extension will have 10% increase on the overall project cost.

6. CONDITIONS PRECEDENT & EFFECTIVE DATE

5.1. Provisions to take effect upon fulfilment of Conditions Precedent


(a) Subject to express terms to the contrary, the rights and obligations under this Agreement (at
any point of time during the course of the Agreement) shall take effect only upon fulfilment of
all the Conditions Precedent set out below.

However, Additional Director General of Police, PCW, Karnataka Police may at any time at its
sole discretion waive fully or partially any of the Conditions Precedent for the Bidder. For the
avoidance of doubt, it is expressly clarified that the obligations of the Parties (or its nominated
agencies) under this Agreement shall commence from the fulfilment of the Conditions Precedent
as set forth below.

5.2. Conditions
(a) Conditions Precedent of the Bidder
The bidder shall be required to fulfil the conditions precedent that are as follows:

i. To provide a Performance Security/Guarantee and other guarantees/ payments as and when


required by Additional Director General of Police, PCW, Karnataka Police or its nominated
agencies; and
ii. To provide Additional Director General of Police, PCW, Karnataka Police or its nominated
agencies certified true copies of its constitutional documents and board resolutions
authorizing the execution, delivery and performance of this Agreement by the Bidder.
(b) Conditions Precedent of Additional Director General of Police, PCW, Karnataka Police shall be
required to fulfil the Conditions Precedent that are as follows:
i. Handing over of site (as Applicable); and
ii. Necessary clearances (if any) associated with execution of project unless specified to be
performed by bidder;
iii. Approval of the Project by a Competent Authority, etc.
For the avoidance of doubt, it is expressly clarified that the obligations of the Parties except the
financial obligations of Additional Director General of Police, PCW, Karnataka Police under this
Agreement shall commence from the fulfilment of the Conditions Precedent as set forth above.

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5.3. Extension of time for fulfilment of Conditions Precedent


(a) The Parties may, by mutual agreement extend the time for fulfilling the Conditions Precedent
and the Term of this Agreement.

5.4. Non-fulfilment of the Bidder’s Conditions Precedent


(a) In the event that any of the Conditions Precedent of the Bidder have not been fulfilled within 7
days of signing of this Agreement and the same have not been waived fully or partially by
Additional Director General of Police, PCW, Karnataka Police or its nominated agencies, this
Agreement shall cease to exist;

(b) In the event that the Agreement fails to come into effect on account of non-fulfilment of the
Bidder’s Conditions Precedent, Additional Director General of Police, PCW, Karnataka Police or
its nominated agencies shall not be liable in any manner whatsoever to the Bidder and ADGP
Office, PCW shall forthwith forfeit the EMD.
(c) In the event that possession of any of Additional Director General of Police, PCW, Karnataka Police
or its nominated agencies facilities has been delivered to the Bidder prior to the fulfilment of the
Conditions Precedent, upon the termination of this Agreement such shall immediately revert to
Additional Director General of Police, PCW, Karnataka Police or its nominated agencies, free and
clear from any encumbrances or claims.

7. OBLIGATIONS UNDER THE SLA


(a) The SLAs, as defined in the RFP (and subsequent clarifications, corrigendum) shall become the
part of this agreement;
(b) In relation to any future SLA entered into between the Parties; each of the Parties shall observe
and perform the obligations set out herein.

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8. CHANGE OF CONTROL
(a) In the event of a change of control of the Bidder during the Term, the Bidder shall promptly
notify Additional Director General of Police, PCW, Karnataka Police of the same in the format
set out in this Agreement.
(b) In the event that the net worth of the surviving entity is less than that of Bidder prior to the
change of control, Additional Director General of Police, PCW, Karnataka Police may within 30
days of becoming aware of such change in control, require a replacement of existing
Performance Guarantee furnished by the Bidder from a guarantor acceptable to Additional
Director General of Police, PCW, Karnataka Police(which shall not be Bidder or any of its
associated entities).
(c) If such a guarantee is not furnished within 30 days of Additional Director General of Police,
PCW, Karnataka Police requiring the replacement, Additional Director General of Police, PCW,
Karnataka Police may exercise its right to terminate the SLA and/ or this Agreement within a
further 30 days by written notice, to become effective as specified in such notice.
(d) Pursuant to termination, the effects of termination as set out in Clause 19 of this Agreement
shall follow.
(e) For the avoidance of doubt, it is expressly clarified that the internal reorganization of the
Bidder shall not be deemed an event of a change of control for purposes of this Clause unless
the surviving entity is of less net worth than the predecessor entity.

9. FINAL TESTING AND CERTIFICATION


The Project shall be governed by the mechanism of final acceptance testing and certification to be
put into place by Additional Director General of Police, PCW, Karnataka Police and Bidder as
under:

(a) Final testing and certification criteria will lay down a set of guidelines following internationally
accepted norms and standards for testing and certification for all aspects of project
development and implementation covering software including the processes relating to the
design of solution architecture, design of systems and sub- systems, coding, testing, business
process description, documentation, version control, change management, security, service
oriented architecture, performance in relation to compliance with SLA metrics, interoperability,
scalability, availability and compliance with all the technical and functional requirements of the
RFP and this Agreement;
(b) Final testing and certification criteria will be finalized from the development stage to ensure
that the guidelines are being followed and to avoid large scale modifications pursuant to testing
done after the application is fully developed;
(c) Final testing and certification criteria will consider conducting specific tests on the software,
security and all other aspects;

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(d) Final testing and certification criteria will establish appropriate processes for notifying the
Bidder of any deviations from the norms, standards or guidelines at the earliest instance after
taking cognizance of the same to enable the Bidder to take corrective action; etc.
(e) The Parties shall each ensure that the range of the Services under the SLA shall not be varied,
reduced or increased except with the prior written agreement between Additional Director
General of Police, PCW, Karnataka Police and Bidder in accordance with the Change Control of
this Agreement.

10. REPRESENTATIONS AND WARRANTIES


9.1. Representations and warranties of the Bidder
The Bidder represents and warrants to ADGP Office, PCW, Karnataka Police that:

(a) It is duly organized and validly existing under the laws of India, and has full power and authority
to execute and perform its obligations under this Agreement and other agreements and to carry
out the transactions contemplated hereby;
(b) It is a competent provider of a variety of information technology and business process
management services;
(c) It has taken all necessary corporate and other actions under laws applicable to its business to
authorize the execution and delivery of this Agreement and to validly exercise its rights and
perform its obligations under this Agreement;
(d) From the Effective Date, it will have the financial standing and capacity to undertake the Project
in accordance with the terms of this Agreement;
(e) In providing the Services, it shall use reasonable endeavours not to cause any unnecessary
disruption to ADGP Office, PCW Karnataka Police normal business operations
(f) This Agreement has been duly executed by it and constitutes a legal, valid and binding
obligation, enforceable against it in accordance with the terms hereof, and its obligations under
this Agreement shall be legally valid, binding and enforceable against it in accordance with the
terms hereof;
(g) The information furnished in the tender documents and as updated on or before the date of
this Agreement is to the best of its knowledge and belief true and accurate in all material
respects as at the date of this Agreement;
(h) The execution, delivery and performance of this Agreement shall not conflict with, result in
the breach of, constitute a default by any of the terms of its Memorandum and Articles of
Association or any Applicable Laws or any covenant, contract, agreement, arrangement,
understanding, decree or order to which it is a party or by which it or any of its properties or
assets is bound or affected;
(i) There are no material actions, suits, proceedings, or investigations pending or, to its
knowledge, threatened against it at law or in equity before any court or before any other

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judicial, quasi-judicial or other authority, the outcome of which may result in the breach of
this Agreement or which individually or in the aggregate may result in any material impairment
of its ability to perform any of its material obligations under this Agreement;
(j) It has no knowledge of any violation or default with respect to any order, writ, injunction or
decree of any court or any legally binding order of any Government Instrumentality which may
result in any adverse effect on its ability to perform its obligations under this Agreement and
no fact or circumstance exists which may give rise to such proceedings that would adversely
affect the performance of its obligations under this Agreement;
(k) It has complied with Applicable Laws in all material respects and has not been subject to any
fines, penalties, injunctive relief or any other civil or criminal liabilities which in the aggregate
have or may have an Adverse Effect on its ability to perform its obligations under this
Agreement;
(l) No representation or warranty by it contained herein or in any other document furnished by
it to Additional Director General of Police, PCW, Karnataka Police in relation to the Required
Consents contains or shall contain any untrue or misleading statement of material fact or
omits or shall omit to state a material fact necessary to make such representation or warranty
not misleading; and
(m) No sums, in cash or kind, have been paid or shall be paid, by it or on its behalf, to any person
by way of fees, commission or otherwise for entering into this Agreement or for influencing or
attempting to influence any officer or employee of Additional Director General of Police, PCW,
Karnataka Police in connection therewith. For this purpose, Additional Director General of
Police, PCW, Karnataka Police will sign integrity pact separately with Bidder enclosed with this
agreement.

9.2. Representations and warranties of Additional Director General of Police, PCW, Karnataka Police
Additional Director General of Police, PCW, Karnataka Police represent and warrant to the Bidder
that:

(a) It has full power and authority to execute, deliver and perform its obligations under this
Agreement and to carry out the transactions contemplated herein and that it has taken all
actions necessary to execute this Agreement, exercise its rights and perform its obligations,
under this Agreement and carry out the transactions contemplated hereby;
(b) It has taken all necessary actions under Applicable Laws to authorize the execution, delivery
and performance of this Agreement and to validly exercise its rights and perform its
obligations under this Agreement;
(c) It has the financial standing and capacity to perform its obligations under the Agreement;
(d) It is subject to the laws of India, and hereby expressly and irrevocably waives any immunity in
any jurisdiction in respect of this Agreement or matters arising thereunder including any
obligation, liability or responsibility hereunder;

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(e) This Agreement has been duly executed by it and constitutes a legal, valid and binding
obligation enforceable against it in accordance with the terms hereof and its obligations under
this Agreement shall be legally valid, binding and enforceable against it in accordance with the
terms thereof;
(f) The execution, delivery and performance of this Agreement shall not conflict with, result in
the breach of, constitute a default under, or accelerate performance required by any of the
Applicable Laws or any covenant, contract, agreement, arrangement, understanding, decree
or order to which it is a party or by which it or any of its properties or assets is bound or
affected;
(g) There are no actions, suits or proceedings pending or, to its knowledge, threatened against it
at law or in equity before any court or before any other judicial, quasi-judicial or other
authority, the outcome of which may result in the default or breach of this Agreement or which
individually or in the aggregate may result in any material impairment of its ability to perform
its material (including any payment) obligations under this Agreement;
(h) It has no knowledge of any violation or default with respect to any order, writ, injunction or
any decree of any court or any legally binding order of any Government Instrumentality which
may result in any Adverse Effect on Additional Director General of Police, PCW, Karnataka
Police or its nominated agencies ability to perform its obligations under this Agreement and
no fact or circumstance exists which may give rise to such proceedings that would adversely
affect the performance of its obligations under this Agreement;
(i) It has complied with Applicable Laws in all material respects;
(j) All information provided by it in the RFP in connection with the Project is, to the best of its
knowledge and belief, true and accurate in all material respects; and
(k) All information provided by it in the RFP in connection with the Project is, to the best of its
knowledge and belief, true and accurate in all material respects; and
(l) Upon the Bidder performing the covenants herein, it shall not at any time during the term
hereof, interfere with peaceful exercise of the rights and discharge of the obligations by the
Bidder, in accordance with this Agreement.

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11. Obligations of ADGP PCW, Karnataka Police

Without prejudice to any other undertakings or obligations of Additional Director General of


Police, PCW, Karnataka Police under this Agreement, Additional Director General of Police,
PCW, Karnataka Police shall perform the following:

(a) To provide any support through personnel to test the system during the Term;
(b) To provide any support through personnel and/or test data during development, rollout,
steady state operation, as well as, for any changes/enhancements in the system whenever
required due to scope change that may arise due to business, delivery or statutory/regulatory
reasons;
(c) Additional Director General of Police, PCW, Karnataka provide the data directly or can
authorize ADGP, PCW to provide the data (including in electronic form wherever
applicable/available) to be migrated.
(d) To authorize the Bidder to interact for implementation of the Project with external entities
such as the authorized banks, trademark database etc.
(e) Provide prompt Deliverable feedback: Additional Director General of Police, PCW, Karnataka
Police or its nominated agencies/ partners shall provide sign offs on the deliverable or its
comments for changes.
(f) The Additional Director General of Police, PCW, Karnataka Police shall provide to the Bidder
basic infrastructure support at the office location. Persons deputed by the Bidder have to
observe the norms &code of conduct of the Purchaser’s Organisation.
(g) The Additional Director General of Police, PCW, Karnataka Police or his/her nominated
representative shall act as the nodal point for implementation of the contract and for issuing
necessary instructions, approvals commissioning, acceptance certificates, payments etc. to
the Bidder.

12. Obligations of the bidder


(a) It shall provide to Additional Director General of Police, PCW, Karnataka Police or its
nominated agencies/ partners, the Deliverables as set out in Annexure C of this Agreement.
(b) It shall perform the Services as set out in Annexure B of this Agreement and in a good and
workmanlike manner commensurate with industry and technical standards which are
generally in effect for international projects and innovations pursuant thereon similar to those
contemplated by this Agreement, and so as to comply with the applicable Service Levels set
out with this Agreement.
(c) It shall ensure that the Services are being provided as per the Project Timelines set out in the
RFP.
(d) The SI will ensure the maintenance of the acceptance criteria /standards in respect of the
systems.

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13. APPROVALS AND REQUIRED CONSENTS

(a) The Parties shall cooperate to procure, maintain, and observe all relevant and regulatory and
governmental licenses, clearances, and applicable approvals (hereinafter the “Required
Consents”) necessary for the Bidder to provide the Services. The costs of such Approvals shall be
borne by the Party normally responsible for such costs according to local custom and practice in
the locations where the Services are to be provided.
(b) Additional Director General of Police, PCW, Karnataka Police or its nominated agencies/partners
shall use reasonable endeavors to assist Bidder to obtain the Required Consents. In the event that
any Required Consent is not obtained, the Bidder and Additional Director General of Police, PCW,
Karnataka Police will co-operate with each other in achieving a reasonable alternative
arrangement as soon as reasonably practicable for Additional Director General of Police, PCW,
Karnataka Police to continue to process its work with as minimal interruption to its business
operations as is commercially reasonable until such Required Consent is obtained, provided that
the Bidder shall not be relieved of its obligations to provide the Services and to achieve the Service
Levels until the Required Consents are obtained if and to the extent that the Bidder’s obligations
are not dependent upon such Required Consents.

14. Use of assets by the bidder

13.1. During the Term, the Bidder shall:


(a) Take all reasonable and proper care of the software or any other information technology
infrastructure components used for the Project and other facilities leased / owned / operated
by the Bidder exclusively in terms of ensuring their usability for the delivery of the Services as
per this Agreement (hereinafter the “Assets”) in proportion to their use and control of such
Assets; and
(b) Keep all the tangible Assets in as good and serviceable condition (reasonable wear and tear
excepted) as at the date the Bidder takes control of and/or first uses the Assets and during the
entire Term of the Agreement.
(c) Ensure that any instructions or manuals supplied by the manufacturer of the Assets for use of
the Assets, and which are provided to the Bidder will be followed by the Bidder and any person
who will be responsible for the use of the Assets;
(d) Take such steps as may be properly recommended by the manufacturer of the Assets and
notified to the Bidder or as may, in the reasonable opinion of the Bidder, be necessary to use
the Assets in a safe manner;

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(e) Ensure that the Assets that are under the control of the Bidder, are kept suitably housed and in
conformity with the Applicable Law;
(f) Procure permission from Additional Director General of Police, PCW, Karnataka Police and any
persons duly authorized by them to enter any land or premises on which the Assets are for the
time being sited so as to inspect the same, subject to any reasonable third-party requirements;
(g) Not, knowingly or negligently use or permit any of the Assets to be used in contravention of any
statutory provisions or regulation or in any way contrary to Applicable Law.
(h) Use best efforts to ensure that no lien, mortgage, hypothecation or any other charge is created
over the Assets. SI agrees that SI will inform Additional Director General of Police, PCW,
Karnataka Police immediately if SI feels or comes to know that a charge may be / has been
created over any Asset(s). In the event a charge is created over any of the Assets / Goods which
are owned by Additional Director General of Police, PCW, Karnataka Police shall have the right
to get the charge removed at the risk, cost, expense of the SI and SI shall make good all losses,
damages, costs, fees, cess, duties, etc. Borne or suffered by Additional Director General of Police,
PCW, Karnataka Police due to creation of such charge and/or in removal of such charge and/or
in discharging the obligations for removal of such charge.

13.2. Access to Additional Director General of Police, PCW, Karnataka Police or It’s Nominated Agencies’/
Partners’ LOCATIONS
(a) For so long as the Bidder provides services to Additional Director General of Police, PCW,
Karnataka Police location, as the case may be, on a non-permanent basis and to the extent
necessary, ADGP, PCW, Karnataka Police as the case may be shall, subject to compliance by the
Bidder with any safety and security guidelines which may be provided by Additional Director
General of Police, PCW, Karnataka Police as the case may be and notified to the Bidder in writing,
provide the Bidder with:
i. Reasonable access with prior approval of Additional Director General of Police, Police Computer
Wing, Karnataka State Police, in the same manner granted to Additional Director General of
Police, PCW, Karnataka Police employees, to Additional Director General of Police, PCW,
Karnataka Police as the case may be location twenty four hours a day, seven days a week;
ii. Reasonable workspace, access to office equipment as mutually agreed and other related support
services in such location and at such other Additional Director General of Police, PCW, Karnataka
Police nominated location, if any, as may be reasonably necessary for the Bidder to perform its
obligations hereunder and under the SLA.
(b) Access to locations, office equipment and services shall be made available to the Bidder on an “as
is, where is” basis by Additional Director General of Police, PCW, Karnataka Police as the case may
be. The Bidder agrees to ensure that its employees, agents and contractors shall not use the
location, services and equipment referred to in RFP for the following purposes:
i. For the transmission of any material which is defamatory, offensive or abusive or of an obscene
or menacing character; or

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ii. In a manner which constitutes a violation or infringement of the rights of any person, firm or
company (including but not limited to rights of copyright or confidentiality).

15. Management Phase

14.1. Governance
(a) The review and management process of this Agreement shall be carried out in accordance with
of this Agreement and shall cover all the management aspects of the Project.

14.2. Use of Services


(a) Additional Director General of Police, PCW, Karnataka Police as the case may be or its nominated
agencies/ partners, will undertake and use the Services in accordance with any instructions or
procedures as per the acceptance criteria as set out in the SLA or this Agreement or any
agreement that may be entered into between the Parties from time to time;
(b) Additional Director General of Police, PCW, Karnataka Police or its nominated agencies/ partners
shall be responsible for the operation and use of the Deliverables resulting from the Services.

14.3. Changes
(a) Unless expressly dealt with elsewhere in this Agreement, any changes under or to this Agreement
or under or to the SLA shall be dealt with in accordance with the Change Control set out in this
Agreement.

16. SECURITY AND SAFETY

(a) The Bidder shall comply with the technical requirements of the relevant security, safety and other
requirements specified in the Information Technology Act or Telegraph Act including the
regulations issued by dept. of telecom (wherever applicable), IT Security Manual of Additional
Director General of Police, PCW, Karnataka Police as specifically stated in the RFP and follow the
industry standards related to safety and security (including those as stated in the RFP), insofar as
it applies to the provision of the Services/Deliverables under this Agreement.
(b) Each Party to the SLA/Agreement shall also comply with Additional Director General of Police,
PCW, Karnataka Police or the Government of India’s security standards and policies in force from
time to time at each location of which Additional Director General of Police, PCW, Karnataka Police
make the Bidder aware in writing insofar as the same apply to the provision of the Services.
(c) The Parties to the SLA/Agreement shall use reasonable endeavours to report forthwith in writing
to each other all identified attempts (whether successful or not) by unauthorized persons
(including unauthorized persons who are employees of any Party) either to gain access to or

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interfere with Additional Director General of Police, PCW, Karnataka Police as the case may be or
any of their nominees data, facilities or Confidential Information.
(d) The Bidder shall upon reasonable request by Additional Director General of Police, PCW, Karnataka
Police as the case may be or their nominee(s) participate in regular meetings when safety and
information technology security matters are reviewed.
(e) As per the provisions of the SLA or this Agreement, the Bidder shall promptly report in writing to
Additional Director General of Police, Police Computer Wing, Karnataka State Police any act or
omission which they are aware that could have an adverse effect on the proper conduct of safety
and information technology security at the facilities of Additional Director General of Police, PCW,
Karnataka Police as the case may be.

17. COOPERATION
(a) Except as otherwise provided elsewhere in this Agreement or the SLA, each Party (“Providing
Party”) to this Agreement or to the SLA undertakes promptly to provide the other Party (“Receiving
Party”) with all such information and co-operation which the Receiving Party reasonably requests,
provided that such information and co-operation:
i. Does not require material expenditure by the Providing Party to provide the same;
ii. Is reasonably required by the Receiving Party in order for it to comply with its obligations
under this Agreement or the SLA;
iii. Cannot be construed to be Confidential Information; and
iv. Is capable of being provided by the Providing Party.
(b) Further, each Party agrees to co-operate with the contractors of the other Party as reasonably
requested in order to accomplish the purposes of this Agreement.

18. FINANCIAL MATTERS

17.1. Terms of Payment and Service Credits and Debits


(a) In consideration of the Services and subject to the provisions of this Agreement and of the SLA,
Additional Director General of Police, PCW, Karnataka Police shall pay the Bidder for the Services
rendered in pursuance of this Agreement, in accordance with the Terms of Payment of this
Agreement.
(b) Payments shall be subject to the application of penalties (for period prior to “Go Live”) or SLA
penalties and its adjustments/corrections as may be provided for in the Agreement and the SLA
from the relevant milestone(s).
(c) Note: Additional Director General of Police, PCW, Karnataka Police (on request from successful
bidders) can look at having a separate mechanism for settling penalties/ service credits rather than

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the set off against the invoice as this could revenue recognition issues. However, the successful
bidder has to ensure that such settlement happens within a stipulated timeframe
(d) Save and except as otherwise provided for herein or as agreed between the Parties in writing,
Additional Director General of Police, PCW, Karnataka Police shall not be required to make any
payments in respect of the Services (or, without limitation to the foregoing, in respect of the Bidder
performance of any obligations under this Agreement or the SLA) other than those covered in this
Agreement. For the avoidance of doubt, it is expressly clarified that the payments shall be deemed
to include all ancillary and incidental costs and charges arising in the course of delivery of the
Services including consultancy charges, infrastructure costs, project costs, implementation and
management charges and all other related costs including taxes which are addressed in this Clause.

17.2. Invoicing and Settlement


(a) Subject to the specific terms of the SLA, the Bidder shall submit its invoices in accordance with
the following principles:
i. Additional Director General of Police, PCW, Karnataka Police shall be invoiced by the Bidder for
the Services. Generally, and unless otherwise agreed in writing between the Parties or expressly
set out in the SLA, the Bidder shall raise an invoice as per the clauses of this Agreement; and
ii. Any invoice presented in accordance with this clause shall be in a form as agreed with
Additional Director General of Police, Police Computer Wing, Karnataka State Police.
(b) The Bidder alone shall invoice all payments after receiving due approval of completion of
payment milestone from the competent authority. Such invoices shall be accurate and all
adjustments to or changes in the terms of payment as stated in the Agreement. The Bidder shall
waive any charge for a Service that is not invoiced within six months after the end of the month
in which the charge relating to such Service is (i) applicable or (ii) incurred or (iii) approved,
whichever is later. SI shall provide details of such waivers on request from competent authority.

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(c) Payment shall be made within stipulated time period of the receipt of invoice along with
supporting documents by Additional Director General of Police, Police Computer Wing, Karnataka
State Police subject to deduction of applicable liquidated damages and/or service credits/debits.
The penalties are imposed on the Bidder as per the penalty criteria specified in the SLA.
(d) Additional Director General of Police, PCW, Karnataka Police shall be entitled to delay or withhold
payment of any invoice or part of it delivered by the Bidder as per the Agreement where Additional
Director General of Police, PCW, Karnataka Police disputes/withholds such invoice or part of it
provided that such dispute is bonafide. The withheld amount shall be limited to that which is in
dispute. The disputed / withheld amount shall be settled in accordance with the escalation
procedure as set out of this Agreement. Any exercise by Additional Director General of Police,
PCW, Karnataka Police under this Clause shall not entitle the Bidder to delay or withhold provision
of the Services. The SI shall be solely responsible to make payments to its sub-contractors (if any).

1.3. GST and other Tax

(a) Additional Director General of Police, PCW, Karnataka Police or its nominated agencies shall be
responsible for withholding GST and other applicable taxes as per the rules.
(b) Additional Director General of Police, PCW, Karnataka Police or its nominated agencies shall
provide Bidder with the original tax receipt of any withholding taxes paid by Additional Director
General of Police, PCW, Karnataka Police or its nominated agencies on payments under this
Agreement. The Bidder agrees to reimburse and hold Additional Director General of Police, PCW,
Karnataka Police harmless from any deficiency including penalties and interest relating to taxes
that are its responsibility under this paragraph. For purposes of this Agreement, taxes shall include
taxes incurred on transactions between and among Additional Director General of Police, PCW,
Karnataka Police and the Bidder.
(c) If, after the date of this Agreement, there is any change of rate of levy under the existing applicable
laws of India with respect to taxes and duties, which are directly payable by Additional Director
General of Police, PCW, Karnataka Police for providing the goods and services i.e. GST / service tax
or any such other applicable tax from time to time, which increase or decreases the cost incurred
by the Implementation Agency in performing the Services, then the remuneration and
reimbursable expense otherwise payable to the SI under this Agreement shall be increased or
decreased accordingly by correspondence between the Parties hereto, and corresponding
adjustments shall be made to the ceiling amounts specified However, in case of any new or fresh
tax or levy imposed after submission of the proposal the SI shall be entitled to reimbursement on
submission of proof of payment of such tax or levy.
(d) The Parties shall cooperate to enable each Party to accurately determine its own tax liability and
to minimize such liability to the extent legally permissible. In connection therewith, the Parties
shall provide each other with the following:

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i. Any resale certificates;
ii. Any relevant information regarding out-of-state or use of materials, equipment or services;
and any direct pay permits, exemption certificates or information reasonably requested by the
other Party.

19. ACCEPTANCE OF DELIVERABLES AND TESTING

18.1. Acceptance of Deliverables


(a) The successful completion of the Project requires the acceptance by Additional Director General
of Police, Police Computer Wing, Karnataka State Police, of all Deliverables prepared and
delivered pursuant to the Project. Upon completion of a Deliverable, Bidder will notify Additional
Director General of Police, PCW, Karnataka Police in writing that the Deliverable has been
completed and, in the case of Deliverables constituted of software (“Operational Deliverables”),
tested and/or certified as being ready for acceptance (“Ready for Acceptance”) by Additional
Director General of Police, Police Computer Wing, Karnataka State Police.
(b) Promptly after receiving such notice, Additional Director General of Police, PCW, Karnataka
Police will evaluate the Deliverable for acceptance in accordance with specific provisions
provided in the RFP. The acceptance process outlined below shall not be deemed to extend the
Timelines completion date for any Deliverable specified in the RFP.

18.2. Acceptance Procedure


Acceptance by Additional Director General of Police, Police Computer Wing, Karnataka State
Police (“Acceptance”) requires that the Deliverables be confirmed in writing by Additional
Director General of Police, PCW, Karnataka Police to meet applicable acceptance criteria
(“Acceptance Criteria”) which, in the case of Operational Deliverables, will include the successful
completion of agreed acceptance and performance testing and, in the case of the System as a
whole, will include meeting the specifications, performance standards and functional
requirements set out in the RFP.

In the case of deliverables that are component parts of the system, in addition to acceptance of
the component Deliverables, the System will also be subject to Acceptance in its entirety. Bidder
shall prepare and propose the test procedures, which shall be described in the Acceptance
Criteria for each Deliverable and shall be subject to agreement by Additional Director General of
Police, Police Computer Wing, Karnataka State Police.

While designing the acceptance test procedures the requirements as mentioned in the RFP need
to be adhered. The Acceptance tests and test procedures shall be sufficiently broad in scope and
rigorous so as to verify that the System and all other Deliverables meet all applicable
specifications, acceptance criteria and performance requirements, including assurance that the

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Deliverables and the System meet such tests of operational integrity as may be reasonably
required by Additional Director General of Police, Police Computer Wing, Karnataka State Police.

In the case of the System, the Acceptance tests shall consist of unit tests, a system test, and/or
stress test. Acceptance procedures for written Deliverables (which are all Deliverables other than
Operational Deliverables) and Operational Deliverables are as follows:

(a) Written Deliverables:

i. Item Integrator may submit interim drafts of written deliverables (e.g., system designs and
documentation) to Additional Director General of Police, PCW, Karnataka Police for review. Additional
Director General of Police, PCW, Karnataka Police agrees to review each interim draft within a
reasonable period of time after receiving it from the Bidder. When the Bidder delivers a final written
Deliverable to Additional Director General of Police, PCW, Karnataka Police will have the opportunity
to review such written Deliverable for an acceptance period of seven (7) days or such other period as
is stated in the RFP or the agreed Project Plan (the “Acceptance Period”).
In all cases, Additional Director General of Police, Police Computer Wing, Karnataka State Police
obligation is to review a written deliverable within the applicable Acceptance Period will be contingent
on such written Deliverable being delivered to Additional Director General of Police, PCW, Karnataka
Police as scheduled. If and to the extent any written Deliverable is delivered earlier or later than
scheduled, the Acceptance Period for such written Deliverable shall be extended as reasonably
necessary to accommodate the availability of Additional Director General of Police, PCW, Karnataka
Police personnel responsible for reviewing such Deliverable. Similarly, if and to the extent multiple
written Deliverables are delivered to Additional Director General of Police, Police Computer Wing,
Karnataka State Police within an Acceptance Period, the Acceptance Period for all such written
Deliverables shall be extended as reasonably necessary to accommodate the availability of Additional
Director General of Police, PCW, Karnataka Police personnel responsible for reviewing them.
ii. Additional Director General of Police, PCW, Karnataka to notify the Bidder in writing by the end of
the Acceptance Period either stating that the applicable written Deliverable is accepted / rejected in
the form delivered by the Bidder or describing with reasonable particularity any deficiencies that must
be corrected prior to acceptance of such written Deliverable. If the Bidder does not receive any such
notice from Additional Director General of Police, PCW, Karnataka Police by the end of the Acceptance
Period, the Bidder shall promptly notify Additional Director General of Police, PCW, Karnataka Police
in writing that no such notice has been received. If the Bidder does not receive the required notice
within seven (7) days after Additional Director General of Police, PCW, Karnataka Police receives such
written notification from the Bidder, such written Deliverable will be deemed to be accepted by
Additional Director General of Police, Police Computer Wing, Karnataka State Police.
iii. If Additional Director General of Police, PCW, Karnataka Police delivers to the Bidder a timely notice
of rejection/deficiencies, the Bidder will correct the described deficiencies as quickly as possible and,
in any event, within ten (10) days after Additional Director General of Police, PCW, Karnataka Police
notifies the Bidder of the rejection/deficiencies (unless otherwise specified in the agreed Project Plan).
Upon receipt of a corrected written Deliverable from the Bidder, Additional Director General of Police,
PCW, Karnataka Police will have a period of seven (7) days to review the corrected written Deliverable.

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(b) Operational Deliverables:
i. To the extent not already specified in the RFP or agreed Project Plan, prior to the date on which
the Bidder is scheduled to deliver each Operational Deliverable to Additional Director General
of Police, Police Computer Wing, Karnataka State Police, both the Bidder and Additional Director
General of Police, PCW, Karnataka Police will agree upon the testing procedures for the
Operational Deliverable, including without limitation detailed test cases and expected results
(the “Acceptance Tests”). The Acceptance Tests will be designed to determine whether the
Operational Deliverable contains any defects. Additional Director General of Police, PCW,
Karnataka Police will have the opportunity during the Acceptance Period to evaluate and test
each Operational Deliverable in accordance with the following procedures by executing the
Acceptance Tests.

ii. When the Bidder has completed an Operational Deliverable, it will deliver the Operational
Deliverable at the Installation Site (if not already there), install such Deliverable (if not already
installed), and perform an installation test reasonably acceptable to Additional Director General
of Police, PCW, Karnataka Police to verify that the Deliverable has been properly delivered and
installed. The Bidder shall notify Additional Director General of Police, PCW, Karnataka Police
when the Operational Deliverable is ‘Ready for Acceptance’, provided that, unless otherwise
agreed, such notice shall not occur prior to the successful completion by the Bidder of any
installation tests. Such notice will start the Acceptance Period, which will be fifteen (15) days or
such other period as is stated in the RFP or agreed Project Plan. As was the case with written
Deliverables, Additional Director General of Police, Police Computer Wing, Karnataka State
Police obligation is to review any Operational Deliverable within the applicable Acceptance
Period will be contingent on such Operational Deliverable being delivered to Additional Director
General of Police, Police Computer Wing, Karnataka State Police as scheduled. If and to the
extent any Operational Deliverable is delivered earlier or later than scheduled, the Acceptance
Period for such Operational Deliverable shall be extended as reasonably necessary to
accommodate the availability of the Additional Director General of Police, PCW, Karnataka Police
personnel responsible for reviewing such Operational Deliverable. Similarly, if and to the extent
multiple Operational Deliverables are delivered to Additional Director General of Police, PCW,
Karnataka Police within an Acceptance Period, the Acceptance Period for all Operational
Deliverables shall be extended as reasonably necessary to accommodate the availability of the
Additional Director General of Police, Police Computer Wing, Karnataka State Police personnel
responsible for reviewing them.
iii. Additional Director General of Police, PCW, Karnataka Police shall notify the Bidder in
writing by the end of the Acceptance Period stating that the Operational Deliverable is
accepted/rejected in the form delivered by the Bidder or describing the defects. If the Bidder
does not receive any notice of defects from Additional Director General of Police, Police
Computer Wing, Karnataka State Police by the end of the Acceptance Period, the Bidder shall
promptly notify Additional Director General of Police, PCW, Karnataka Police in writing that no
such notice was received. If Bidder does not receive a notice of defects within seven (7) days

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after Additional Director General of Police, Police Computer Wing, Karnataka State Police
receives such written notification from the Bidder, such Operational Deliverable will be deemed
accepted by Additional Director General of Police, Police Computer Wing, Karnataka State Police.
iv. If Additional Director General of Police, PCW, Karnataka Police determines during the
Acceptance Period that the Operational Deliverable as delivered by the Bidder deviates from its
approved specifications or otherwise fails to successfully complete applicable Acceptance Tests
(or a defect), Additional Director General of Police, PCW, Karnataka Police will inform the Bidder
in writing, describing the defect(s) in sufficient detail to allow the Bidder to recreate/rectify
them. The Bidder will correct any defects in an Operational Deliverable as quickly as possible
after receiving Additional Director General of Police, Police Computer Wing, Karnataka State
Police notice of the defects and, in any event, within ten (10) days after receiving such notice
(unless otherwise specified in the Project Plan/RFP), and provide the corrected Operational
Deliverable to Additional Director General of Police, PCW, Karnataka Police for re-testing within
such ten (10) day period.
v. Additional Director General of Police, PCW, Karnataka Police will have a reasonable additional
period after receipt of the corrected Operational Deliverable to re-test it to confirm its proper
functioning. The Bidder will correct any further defects identified by Additional Director General
of Police, PCW, Karnataka Police during the re-test as quickly as possible, but in no event more
than ten (10) days after Additional Director General of Police, PCW, Karnataka Police notifies the
Bidder of the further defects, unless otherwise specified in the agreed Project Plan or RFP or
agreed by Additional Director General of Police, Police Computer Wing, Karnataka State Police.

(c) Correction of Deficiencies in Deliverables:


The Bidder is unable to correct all deficiencies preventing Acceptance of a Deliverable for which
it is responsible after a reasonable number of repeated efforts (but not more than three (3),
Additional Director General of Police, PCW, Karnataka Police may at its election:

• Allow the Bidder to continue its efforts to make corrections; or


• Accept the Deliverable with its Deficiencies and deduct such proportionate amounts from the
Bidders fees as deemed appropriate by Additional Director General of Police, Police Computer
Wing, Karnataka State Police; or
• Terminate this Agreement for cause in accordance with the procedures set forth in Clause 15
(except that Additional Director General of Police, PCW, Karnataka Police is under no obligation
to provide the Bidder any further opportunity to cure) and recover its damages subject to the
limitations set forth in this Agreement.

18.3. Acceptance
(a) Additional Director General of Police, PCW, Karnataka Police shall be deemed to have accepted the
Deliverables and/or System upon the date of delivery to the Bidder by Additional Director General of
Police, PCW, Karnataka Police of a notice (the “Acceptance Notice”) to that effect.

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20. TERMINATION AND SUSPENSION

19.1. Material Breach


(a) In the event that either Party believes that the other Party is in Material Breach of its obligations
under this Agreement, such aggrieved Party may terminate this Agreement upon giving a one
month’s notice for curing the Material Breach to the other Party. In case the Material Breach
continues, after the notice period, Additional Director General of Police, PCW, Karnataka Police
or Bidder, as the case may be will have the option to terminate the Agreement. Any notice served
pursuant to this Clause shall give reasonable details of the Material Breach, which could include
the following events and the termination will become effective:
(i) If the Bidder is not able to deliver the services as per the SLAs defined in RFP which translates into
Material Breach, then Additional Director General of Police, PCW, Karnataka Police may serve 30
days written notice for curing this Material Breach. In case the Material Breach continues, after
the expiry of such notice period, Additional Director General of Police, PCW, Karnataka Police will
have the option to terminate this Agreement. Further, Additional Director General of Police, PCW,
Karnataka Police may after affording a reasonable opportunity to the Bidder to explain the
circumstances leading to such a breach.
(ii) If there is a Material Breach by the Purchaser or its nominated agencies which results in not
providing support for effecting data migration or not providing the certification of User
Acceptance, then the Implementation Agency will give a one month’s notice for curing the
Material Breach to the Purchaser. After the expiry of such notice period, the Implementation
Agency will have the option to terminate the Agreement.
(b) Additional Director General of Police, PCW, Karnataka Police may by giving a one month’s written
notice, terminate this Agreement if a change of control of the Bidder has taken place. For the
purposes of this Clause, in the case of Bidder, change of control shall mean the events stated in
Clause 7, and such notice shall become effective at the end of the notice period as set out in
Clause 7 (c).
(c) In the event that Bidder undergoes such a change of control, Additional Director General of Police,
PCW, Karnataka Police may, as an alternative to termination, require a full Performance
Guarantee for the obligations of Bidder by a guarantor acceptable to Additional Director General
of Police, PCW, Karnataka Police or its nominated agencies. If such a guarantee is not furnished
within 30 days of Additional Director General of Police, Police Computer Wing, Karnataka State
Police demand. Additional Director General of Police, PCW, Karnataka Police may exercise its right
to terminate this Agreement in accordance with this Clause by giving 15 days further written
notice to the Bidder
(d) The termination provisions set out in this Clause shall apply mutatis mutandis to the SLA.

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19.2. Effects of termination

(a) In the event that Additional Director General of Police, PCW, Karnataka Police terminates this
Agreement pursuant to failure on the part of the Bidder to comply with the conditions as
contained in this Clause and depending on the event of default, Performance Guarantee
furnished by Bidder may be forfeited.
(b) Upon termination of this Agreement, the Parties will comply with the Exit Management of this
Agreement.
(c) In the event that Additional Director General of Police, PCW, Karnataka Police or the Bidder
terminates this Agreement, the compensation will be decided in accordance with the Exit
Management Schedule of this Agreement.
(d) Additional Director General of Police, PCW, Karnataka Police agrees to pay Bidder for
• all charges for Services that Bidder provides and any Deliverables and/or system (or part thereof)
Bidder delivers through termination, and
• reimbursable expenses Bidder incurs through termination. If Additional Director General of
Police, Police Computer Wing, Karnataka State Police terminates without cause, Additional
Director General of Police, PCW, Karnataka Police also agrees to pay any applicable adjustment
expenses Bidder incurs as a result of such termination (which Bidder will take reasonable steps
to mitigate).
(e) Any and all payments under this clause shall be payable only after the Bidder has complied with
and completed the transition and exit management as per the Exit Management Plan to the
satisfaction of Additional Director General of Police, Police Computer Wing, Karnataka State
Police. In case of expiry of the Agreement, the last due payment shall be payable to the Bidder
after it has complied with and completed the transition and exit management as per the Exit
Management Plan to the satisfaction of Additional Director General of Police, Police Computer
Wing, Karnataka State Police.
(f) In the event of termination of the Contract under Clause 19, Additional Director General of Police,
PCW, Karnataka Police shall pay to the SI the following amounts:
• The Contract Price, properly attributable to the parts of the System executed by the SI as of the
date of termination;
• The costs reasonably incurred by the SI in the removal of the SI’s Equipment from the site and in
the repatriation of the SI personnel;
• Costs incurred by the SI in protecting the System and leaving the site in a clean and safe condition
pursuant to Clause 19; and
• The cost of satisfying all other obligations, commitments, and claims that the SI may in good faith
have undertaken with third parties in connection with the Contract and that are not covered by
Clause 19 (d) above.

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19.3. Termination of this Agreement due to bankruptcy of Bidder

(a) Additional Director General of Police, PCW, Karnataka Police may serve written notice on Bidder
at any time to terminate this Agreement with immediate effect in the event that the Bidder
reporting an apprehension of bankruptcy to Additional Director General of Police, Police
Computer Wing, Karnataka State Police or its nominated agencies.

19.4. Suspension
a) The Bidder shall, if ordered in writing by Additional Director General of Police, Police Computer
Wing, Karnataka State Police, temporarily suspend the performance of any services or any part
thereof under this Agreement for such specified/ ordered period and time. Additional Director
General of Police, PCW, Karnataka Police shall inform the Bidder about such suspension at least
30 days in advance. The Bidder shall not be entitled to claim compensation for any loss or damage
sustained by it by reason of such temporary suspension of the work for a continuous period of 30
days. Additional Director General of Police, PCW, Karnataka Police may consider suitable
compensation to the Bidder in event of suspension extending beyond a continuous period of 30
days. An extension of time for completion, corresponding with the delay caused by any such
suspension of the works as aforesaid shall be granted to the Bidder, if written request for the
same is made. In case the suspension of works lasts for a period of more than 3 months, the
Bidder shall have the right to request Additional Director General of Police, PCW, Karnataka Police
to pay reasonable immobilization and mobilization charges as may be consented to by Additional
Director General of Police, Police Computer Wing, Karnataka State Police.
b) In the event that Additional Director General of Police, PCW, Karnataka Police suspends the
progress of work for a period in excess of 30 days in aggregate, rendering the Bidder to extend its
performance guarantee then Additional Director General of Police, Police Computer Wing,
Karnataka State Police shall bear only the cost of extension of such bank guarantee for such
extended period restricted to the normal bank rates as applicable in the banking procedures
subject to the Bidder producing the requisite evidence from the bank concerned.
c) Additional Director General of Police, PCW, Karnataka Police may suspend this Agreement only
(i) prior to giving consent to the Bidder for purchase of goods and production licenses; and (ii)
after the Go-Live.
d) Order for Infrastructure items including Software licenses and other system software etc. shall be
placed by the Bidder only after receipt of written confirmation from Additional Director General
of Police, PCW, Karnataka Police in this regard. Additional Director General of Police, PCW,
Karnataka Police may request the Bidder for deferment of procurement of such components for
maximum period of twelve months. In such case the Bidder will be paid a predefined maintenance
cost for the application support and the team deployed. In case Additional Director General of
Police, PCW, Karnataka Police requests for deferment of procurement of infrastructure the
timelines will extend accordingly. Also, the SLA relating to infrastructure will apply from the date

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when Additional Director General of Police, PCW, Karnataka Police gives intimation to the Bidder
to start procurement.

21. FRAUD & CORRUPTION

Purchaser requires that Service Provider must observe the highest standards of ethics during the
execution of the contract. In pursuance of this policy, Purchaser defines, for the purpose of this
provision, the terms set forth as follows:

a) “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to
influence the action of Purchaser in contract executions.
b) "Fraudulent practice" means a mis-presentation of facts, in order to influence a procurement
process or the execution of a contract, to Purchaser, and includes collusive practice among bidders
(prior to or after Proposal submission) designed to establish Proposal prices at artificially high or
non-competitive levels and to deprive Purchaser of the benefits of free and open competition.
c) “Unfair trade practices” means supply of services different from what is ordered on, or change in
the Scope of Work specified in this RFP.
d) “Coercive Practices” means harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in the execution of contract.
e) The Bidder represents, warrants and covenants that it has given no commitments, payments, gifts,
kickbacks, lavish or expensive entertainment, or other things of value to any employee or agent of
Additional Director General of Police, PCW, Karnataka Police in connection with this agreement
and acknowledges that the giving of any such payment, gifts, entertainment, or other things of
value is strictly in violation of Additional Director General of Police, Police Computer Wing,
Karnataka State Police standard policies and may result in cancellation of this Agreement.

If it is noticed that the Service Provider has indulged into the Corrupt / Fraudulent / Unfair /
Coercive practices, it will be a sufficient ground for Purchaser for termination of the contract and
initiate blacklisting of the vendor.

22. DATAOWNERSHIP

All the data created as the part of the project shall be owned by Purchaser. The Service Provider shall
take utmost care in maintaining security, confidentiality and backup of this data. Access to the data /
systems shall be given by the Service Provider only to the personnel working on the projects and their
names & contact details shall be shared with Purchaser in advance. Purchaser / its authorized
representative(s) shall conduct periodic / surprise security reviews and audits, to ensure the
compliance by the Service Provider to data / system security.

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23. INDEMNIFICATION & LIMITATION OF LIABILITY

a) Subject to Clause 22(d) below, Bidder (the "Indemnifying Party") undertakes to indemnify
Additional Director General of Police, PCW, Karnataka Police(the "Indemnified Party") from and
against all Losses on account of bodily injury, death or damage to tangible personal property
arising in favour of any person, corporation or other entity (including the Indemnified Party)
attributable to the Indemnifying Party's negligence or wilful default in performance or non-
performance under this Agreement.
b) If the Indemnified Party promptly notifies Indemnifying Party in writing of a third-party claim
against Indemnified Party that any Service provided by the Indemnifying Party infringes a
copyright, trade secret or patents incorporated in India of any third party, Indemnifying Party will
defend such claim at its expense and will pay any costs or damages that may be finally awarded
against Indemnified Party.
c) Indemnifying Party will not indemnify the Indemnified Party, however, if the claim of infringement
is caused by
• Indemnified Party’s misuse or modification of the Service;
• Indemnified Party’s failure to use corrections or enhancements made available by the
Indemnifying Party;
• Indemnified Party’s use of the Service in combination with any product or information not owned
or developed by Indemnifying Party;
• Indemnified Party’s distribution, marketing or use for the benefit of third parties of the Service; or
• information, direction, specification or materials provided by Indemnified Party or any third party
contracted to it. If any Service is or likely to be held to be infringing, Indemnifying Party shall at its
expense and option either
 Procure the right for Indemnified Party to continue using it,
 Replace it with a non-infringing equivalent,
 Modify it to make it non-infringing.
The foregoing remedies constitute Indemnified Party’s sole and exclusive remedies and Indemnifying
Party’s entire liability with respect to infringement.

d) The indemnities set out in Clause 20 shall be subject to the following conditions:
(i) The Indemnified Party as promptly as practicable informs the Indemnifying Party in writing of
the claim or proceedings and provides all relevant evidence, documentary or otherwise;
(ii) The Indemnified Party shall, at the cost of the Indemnifying Party, give the Indemnifying Party
all reasonable assistance in the Defence of such claim including reasonable access to all
relevant information, documentation and personnel provided that the Indemnified Party may,

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at its sole cost and expense, reasonably participate, through its attorneys or otherwise, in such
defence;
(iii) If the Indemnifying Party does not assume full control over the defence of a claim as provided
in this Article, the Indemnifying Party may participate in such defence at its sole cost and
expense, and the Indemnified Party will have the right to defend the claim in such manner as
it may deem appropriate, and the cost and expense of the Indemnified Party will be included
in Losses;
(iv) The Indemnified Party shall not prejudice, pay or accept any proceedings or claim, or
compromise any proceedings or claim, without the written consent of the Indemnifying Party;
(v) All settlements of claims subject to indemnification under this Clause will:
a. Be entered into only with the consent of the Indemnified Party, which consent will not be
unreasonably withheld and include an unconditional release to the Indemnified Party from
the claimant or plaintiff for all liability in respect of such claim; and
b. Include any appropriate confidentiality agreement prohibiting disclosure of the terms of
such settlement;
(vi) The Indemnified Party shall account to the Indemnifying Party for all awards, settlements,
damages and costs (if any) finally awarded in favour of the Indemnified Party which are to be paid
to it in connection with any such claim or proceedings;
(vii) The Indemnified Party shall take steps that the Indemnifying Party may reasonably require to
mitigate or reduce its loss as a result of such a claim or proceedings;
(viii) In the event that the Indemnifying Party is obligated to indemnify an Indemnified Party pursuant
to this Article, the Indemnifying Party will, upon payment of such indemnity in full, be subrogated
to all rights and defences of the Indemnified Party with respect to the claims to which such
indemnification relates; and
(ix) If a Party makes a claim under the indemnity set out under Clause 20(a) above in respect of any
particular Loss or Losses, then that Party shall not be entitled to make any further claim in respect
of that Loss or Losses (including any claim for damages).
e) The liability of SI (whether in contract, tort, negligence, strict liability in tort, by statute or
otherwise) for any claim in any manner related to this Agreement, including the work, deliverables
or Services covered by this Agreement, shall be the payment of direct damages only which shall in
no event in the aggregate exceed the, Total Value of Project. The liability cap given under this
Clause 20 shall be applicable to the indemnification obligations set out in Clause 15 and breach of
'Safety and Security' and clause 24 - 'Confidentiality'.
f) The liability of Additional Director General of Police, Police Computer Wing, Karnataka State
Police (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) for any
claim in any manner related to this Agreement shall be limited to the amount of fees remaining to
be paid to the SI under this Agreement
g) In no event shall either party be liable for any consequential, incidental, indirect, special or punitive
damage, loss or expenses (including but not limited to business interruption, lost business, lost

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profits, or lost savings) nor for any third party claims even if it has been advised of their possible
existence.
h) The allocations of liability in this clause represent the agreed and bargained-for understanding of
the parties and compensation for the Services reflects such allocations. Each Party has a duty to
mitigate the damages and any amounts payable under an indemnity that would otherwise be
recoverable from the other Party pursuant to this Agreement by taking appropriate and
commercially reasonable actions to reduce or limit the amount of such damages or amounts.

24. FORCE MAJEURE


23.1. Definition of Force Majeure
The Bidder or Additional Director General of Police, Police Computer Wing, Karnataka State Police
as the case may be, shall be entitled to suspend or excuse performance of its respective obligations
under this Agreement to the extent that such performance is impeded by an event of force
majeure (“Force Majeure”). “Force Majeure” shall mean any event beyond the reasonable control
of Additional Director General of Police, PCW, Karnataka Police or of the SI, as the case may be,
and which is unavoidable notwithstanding the reasonable care of the party affected.

23.2. Force Majeure events


a) A Force Majeure shall include, without limitation, the following:
i. War, hostilities, or warlike operations (whether a state of war be declared or not), invasion,
act of foreign enemy, and civil war;
ii. Strike, sabotage, lockout, embargo, import restriction, port congestion, lack of usual means
of public transportation and communication, industrial dispute, shipwreck, shortage or
restriction of power supply, epidemics, quarantine, and plague;
iii. Earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave, typhoon or
cyclone, hurricane, storm, lightning, or other inclement weather condition, nuclear and
pressure waves, or other natural or physical disaster;
b) If either party is prevented, hindered, or delayed from or in performing any of its obligations under
the Contract by an event of Force Majeure, then it shall notify the other in writing of the
occurrence of such event and the circumstances of the event of Force Majeure within fourteen
(14) days after the occurrence of such event.
c) The party who has given such notice shall be excused from the performance or punctual
performance of its obligations under the Contract for so long as the relevant event of Force
Majeure continues and to the extent that such party’s performance is prevented, hindered, or
delayed. The time for achieving Final Acceptance shall be extended.
d) The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate
the effect of the event of Force Majeure upon its or their performance of the Contract and to fulfil
its or their obligations under the Contract, but without prejudice to either party’s right to
terminate the Contract under Clause 21.

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e) No delay or non-performance by either party to this Contract caused by the occurrence of any
event of Force Majeure shall:
i. Constitute a default or breach of the Contract;
ii. Give rise to any claim for damages or additional cost or expense occasioned by the delay or
non-performance,
iii. If, and to the extent that, such delay or non-performance is caused by the occurrence of an
event of Force Majeure.
f) If the performance of the Contract is substantially prevented, hindered, or delayed for a single
period of more than sixty (60) days on account of one or more events of Force Majeure during
the time period covered by the Contract, the parties will attempt to develop a mutually
satisfactory solution, failing which, either party may terminate the Contract by giving a notice to
the other.
g) Notwithstanding clause 21.2(e), Force Majeure shall not apply to any obligation of Additional
Director General of Police, PCW, Karnataka Police to make payments to the SI under this
Contract.
h) For the avoidance of doubt, it is expressly clarified that the failure on the part of the SI under
this Agreement or the SLA to implement any disaster contingency planning and backup and other
data safeguards in accordance with the terms of this Agreement or the SLA against natural
disaster, fire, sabotage or other similar occurrence shall not be deemed to be a Force Majeure
event. For the avoidance of doubt, it is further clarified that any negligence in performance of
Services which directly causes any breach of security like hacking aren’t the forces of nature and
hence wouldn’t be qualified under the definition of “Force Majeure”. In so far as applicable to
the performance of Services, Bidder will be solely responsible to complete the risk assessment
and ensure implementation of adequate security hygiene, best practices, processes and
technology to prevent any breach of security and any resulting liability therefrom (wherever
applicable).

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25. CONFIDENTIALITY
(a) Additional Director General of Police, PCW, Karnataka Police or its nominated agencies shall allow
the Bidder to review and utilize highly confidential public records and the Bidder shall maintain
the highest level of secrecy, confidentiality and privacy with regard thereto.
(b) Additionally, the Bidder shall keep confidential all the details and information with regard to the
Project, including systems, facilities, operations, management and maintenance of the
systems/facilities.
(c) Additional Director General of Police, PCW, Karnataka Police shall retain all rights to prevent, stop
and if required take the necessary punitive action against the Bidder regarding any forbidden
disclosure.
(d) For the avoidance of doubt, it is expressly clarified that the aforesaid provisions shall not apply to
the following information:
i. Information already available in the public domain;
ii. Information which has been developed independently by the Bidder;
iii. Information which has been received from a third party who had the right to disclose the
aforesaid information;
iv. Information which has been disclosed to the public pursuant to a court order.
(e) To the extent the Bidder shares its confidential or proprietary information with Additional
Director General of Police, PCW, Karnataka Police for effective performance of the Services, the
provisions of the Clause 22(a) to 22(c) shall apply mutatis mutandis on Additional Director General
of Police, PCW, Karnataka Police or its designated authorities.
(f) Notwithstanding anything to the contrary mentioned hereinabove, the SI shall have the right to
share the Letter of Intent / work order provided to it by Additional Director General of Police,
PCW, Karnataka Police in relation to this Agreement, with its prospective purchasers solely for
the purpose of and with the intent to evidence and support its work experience under this
Agreement.

26. AUDIT, ACCESS, AND REPORTING

(a) The Bidder shall allow access to Additional Director General of Police, PCW, Karnataka Police to
all information which is in the possession or control of the Bidder and which relates to the
provision of the Services as set out in the Audit, Access and Reporting Schedule and which is
reasonably required by Additional Director General of Police, PCW, Karnataka Police to comply
with the terms of the Audit, Access and Reporting Schedule of this Agreement. Such audit rights
shall be conducted as defined by Additional Director General of Police, Police Computer Wing,
Karnataka State Police.

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27. INTELLECTUAL PROPERTY RIGHTS
(a) Products and fixes: All products and related solutions and fixes provided pursuant to this
work order shall be licensed according to the terms of the license agreement packaged with
or otherwise applicable to such product. Bidder would be responsible for arranging any
licenses associated with products. “Product” means any computer code, web-based
services, or materials comprising commercially released, pre-release or beta products
(whether licensed for a fee or no charge) and any derivatives of the foregoing which are
made available to Additional Director General of Police, PCW, Karnataka Police for license
which is published by product owner or its affiliates, or a third party. “Fixes” means product
fixes that are either released generally (such as commercial product service packs) or that
are provided to you when performing services (such as workarounds, patches, bug fixes,
beta fixes and beta builds) and any derivatives of the foregoing.
(b) Bespoke development: Upon payment, the IPR rights for any bespoke development done
during the implementation of the project will lie with Additional Director General of Police,
Police Computer Wing, Karnataka State Police [Note: Ministry of Electronic and Information
Technology, Government of India, has notified “Policy on Collaborative Application
Development by Opening the Source Code of Government Applications” in the Gazette of
India on 6th May 2015. The same needs to be adopted]
(c) Pre-existing work: All IPR including the source code and materials developed or otherwise
obtained independently of the efforts of a party under this Agreement (“pre-existing work”)
including any enhancement or modification thereto shall remain the sole property of that
party. During the performance of the services for this agreement, each party grants to the
other party (and their sub-contractors as necessary) a non-exclusive license to use,
reproduce and modify any of its pre-existing work provided to the other party solely for the
performance of such services for duration of the Term of this Agreement. Except as may be
otherwise explicitly agreed to in a statement of services, upon payment in full, the Bidder
should grant Additional Director General of Police, PCW, Karnataka Police a non-exclusive,
perpetual, fully paid-up license to use the pre-existing work in the form delivered to
Additional Director General of Police, PCW, Karnataka Police as part of the service or
deliverables only for its internal business operations. Under such license, either of parties
will have no right to sell the pre-existing work of the other party to a Third Party. Additional
Director General of Police, Police Computer Wing, Karnataka State Police license to pre-
existing work is conditioned upon its compliance with the terms of this Agreement and the
perpetual license applies solely to the pre-existing work that bidder leaves with Additional
Director General of Police, Police Computer Wing, Karnataka State Police at the conclusion
of performance of the services.
(d) Residuals: In no event shall Bidder be precluded from independently developing for itself, or
for others, anything, whether in tangible or non-tangible form, which is competitive with, or
similar to, the deliverables, set-out in this Agreement or Annexure. In addition, subject to
the confidentiality obligations, Bidder shall be free to use its general knowledge, skills and

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experience, and any ideas, concepts, know-how, and techniques that are acquired or used
in the course of providing the Services.

28. WARRANTY
27.1. Standard
(a) The SI warrants that the Project, including all the system(s), materials and goods supplied
pursuant to the Agreement, shall be free from any defect or deficiency in the material, design,
engineering, and workmanship that prevent the system and/or any of its systems(s) from
fulfilling the technical requirements or that limit in a material fashion the performance,
reliability, or extensibility of the system and/or any of its sub-system(s). Commercial warranty
provisions of products supplied under the Agreement shall apply to the extent they do not
conflict with the provisions of this Agreement.
(b) The SI also warrants that the products, materials and other goods supplied under the
Agreement are new, unused and incorporate all recent improvements in design that
materially affect the System’s or subsystem’s ability to fulfil the technical requirements
specified in the RFP.
(c) In addition, the SI warrants that all Goods components to be incorporated into the System
form part of the SI/OEM’s for current product lines.
(d) The warranty period shall commence from the date of Go Live of the project or of any major
component or subsystem for which phased Go-Live is provided for in the Agreement.
(e) If during the warranty period any defect or deficiency is found in the material, design and
performance/workmanship of the Project and other Services provided by the SI, the SI shall
promptly, in consultation and agreement with Purchaser, and at the SI’s sole cost repair,
replace, or otherwise make good (as the SI shall, at its discretion, determine) such default,
defect or deficiency as well as any damage to the system caused by such default, defect or
deficiency. Any defective component, excluding hard disks, that has been replaced by the SI
shall remain the property of the SI.
(f) The SI may, with the consent of Additional Director General of Police, Police Computer Wing,
Karnataka State Police, remove from the site any product and other goods that are defective,
if the nature of the defect, and/or any damage to the System caused by the defect, is such
that repairs cannot be expeditiously carried out at the site. If the repair, replacement, or
making good is of such a character that it may affect the efficiency of the System, Additional
Director General of Police, PCW, Karnataka Police may give the SI notice requiring that tests
of the defective part be made by the SI immediately upon completion of such remedial work,
whereupon the SI shall carry out such tests. If such part fails the tests, the SI shall carry out
further repair, replacement, or making good (as the case may be) until that part of the System
passes such tests. The tests shall be agreed upon by Additional Director General of Police,
PCW, Karnataka Police and the SI.

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(g) If the SI fails to commence the work necessary to remedy such defect or any damage to the
System caused by such defect within a reasonable time period, Additional Director General
of Police, Police Computer Wing, Karnataka State Police may, following notice to the SI,
proceed to do such work or contract a third party (or parties) to do such work, and the
reasonable costs incurred by Additional Director General of Police, Police Computer Wing,
Karnataka State Police in connection with such work shall be paid to Additional Director
General of Police, Police Computer Wing, Karnataka State Police by the SI or may be deducted
by the Additional Director General of Police, Police Computer Wing, Karnataka State Police
from any amount due to the SI.
(h) If the System or any of its sub-systems cannot be used by reason of such default, defect or
deficiency and/or making good of such default, defect or deficiency, the warranty period for
the Project shall be extended by a period equal to the period during which the Project or any
of its system could not be used by Additional Director General of Police, Police Computer
Wing, Karnataka State Police because of such defect and/or making good of such default,
defect or deficiency.
(i) Items substituted for defective parts of the System during the Warranty Period shall be
covered by the Warranty for the remainder of the Warranty Period applicable for the part
replaced or three (3) months, whichever is greater.
(j) The SI shall have no liability in the case of breach of this warranty due to (i) use of the
deliverables on any environment other than the environment recommended or approved by
the SI, (ii) the combination, operation, or use of some or all of the deliverables with
information, software, specifications, instructions, data, or materials not approved by the SI;
(iii) the deliverables having been tampered with, altered or modified by Additional Director
General of Police, Police Computer Wing, Karnataka State Police without the written
permission of SI, or (iv) use of the deliverables otherwise than in terms of the relevant
documentation
(k) Implied Warranty: The warranties provided herein are in lieu of all other warranties, both
express and implied, and all other warranties, including without limitation that of
merchantability or fitness for intended purpose is specifically disclaimed.
(l) The Bidder shall have no liability in the case of breach of this warranty due to (i) use of the
deliverables on any environment other than the environment recommended or approved by
the Bidder, (ii) the combination, operation, or use of some or all of the deliverables with
information, software, specifications, instructions, data, or materials not approved by the
Bidder; (iii) the deliverables having been tampered with, altered or modified by Additional
Director General of Police, Police Computer Wing, Karnataka State Police without the written
permission of the Bidder, or (iv) use of the deliverables otherwise than in terms of the
relevant documentation.
(m)The SI warrants that the Goods shall not become end of support during the Warranty Period
and support later shall be available for at least 2 years thereafter.

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27.2. Warranty for Software
(a) The SI represents, warrants and covenants that on the Acceptance Date and for the Warranty
Period, the Software will be free of material programming errors and will operate and conform
to the respective Software’s Documentation including, inter alia, FRS (Functional Requirement
Specification) and SRS (System Requirement Specification) and other manuals. The SI also
represents, warrants and covenants that the medium on which the Software is contained
when delivered to SI will be free from defects in material or workmanship and shall be free
from any viruses, bugs etc.
(b) The SI represents, warrants and covenants that the technical Documentation delivered to
Additional Director General of Police, Police Computer Wing, Karnataka State Police for the
System will be sufficient to allow a reasonably knowledgeable information technology
professional to maintain and support such Software. The SI represents, warrants and
covenants that the user Documentation for the System will accurately describe in terms
understandable by a typical end user the functions and features of the System and the
procedures for exercising such functions and features.

27.3. Warranty for System


(a) The SI represents, warrants and covenants that for the Warranty Period and for as long as there
is a maintenance agreement in effect between the Parties, the System shall at all times perform
in accordance with the specifications in the Project Documents and meet the performance
requirements set out in RFP. The SI represents, warrants and covenants (a) that it shall ensure
that no computer viruses or similar items are coded or introduced into the System or any
systems used to perform the Services, and (b) that it shall not insert into any System any code
which would have the effect of disabling or otherwise shutting down all or a portion of the
System or damaging any information or functionality.
(b) The representations, warranties and covenants provided by SI under this Agreement will not
be affected by Additional Director General of Police, Police Computer Wing, Karnataka State
Police modification of any portion of the System so long as the SI can discharge its obligations
despite such modifications, or following their removal by Additional Director General of Police,
Police Computer Wing, Karnataka State Police.
(c) If during the Warranty Period of any component mentioned above, any of the warranties are
found breached, the SI shall promptly (but in no event more than 7 days), in consultation and
agreement with Additional Director General of Police, Police Computer Wing, Karnataka State
Police, and at the SI’s sole cost repair, replace, or otherwise make good such default, defect or
deficiency as well as any damage to the Project caused by such default, defect or deficiency.
(d) Any component that has been repaired or replaced by the SI shall be delivered at the Additional
Director General of Police, Police Computer Wing, Karnataka State Police designated place
without any additional costs to the SI. Any component that has been replaced under this clause
by the SI shall remain the property of the SI. The MSP shall use best efforts to ensure that such
repair, replacement etc. shall be accomplished through a “hot” swap without any loss of

SCRB, Police Computer Wing Page 101 of 108


production time or adverse impact on Additional Director General of Police, Police Computer
Wing, Karnataka State Police or System’s operations.
(e) If the System cannot be used by reason of such default, defect or deficiency and/or making good
of such default, defect or deficiency, the warranty period for the System shall be extended by a
period equal to the period during which the System or any of its components could not be used
by Additional Director General of Police, PCW, Karnataka Police because of such defect and/or
making good of such default, defect or deficiency. Notwithstanding the foregoing, these are not
the sole and exclusive remedies available to Additional Director General of Police, PCW,
Karnataka Police in case of breach of any warranty and are also not the sole and exclusive
obligations on the SI in case of breach of any warranty.

29. LIQUIDATED DAMAGES(PENALTIES)

(a) Time is the essence of the Agreement, and the delivery dates are binding on the SI. In the event
of delay or any gross negligence in implementation of the project before Go-Live, for causes solely
attributable to the SI, in meeting the deliverables, Additional Director General of Police, Police
Computer Wing, Karnataka State Police shall be entitled at its option to recover from the SI as
agreed, liquidated damages as mentioned in RFP volume subject to a limit of 10% of the project
value. The delay must be directly attributable to Bidder’s default.
(b) The Parties agree that SLA penalties defined in the Service Level Agreement are liquidated
damages and that the deduction of any Service Credit by Additional Director General of Police,
PCW, Karnataka Police shall be its exclusive monetary remedy for failure of SI to meet the Service
Levels and is in full and final settlement of any claim which Additional Director General of Police,
Police Computer Wing, Karnataka State Police may have for Losses caused by the failure to meet
a Service Level to which a Service Credit applies, provided that this Clause shall not limit the
exercise by Additional Director General of Police, Police Computer Wing, Karnataka State Police
of its rights to terminate the Agreement for Material Breach and the associated consequences of
termination.
(c) The purchaser reserves the right to terminate the contract in case of unsatisfactory performance
at any time during the contract term with due notice of 1 month.

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30. MISCELLANEOUS

29.1. Personnel
(a) The personnel assigned by Bidder to perform the Services shall be employees of Bidder, and under
no circumstances shall such personnel be considered employees of Additional Director General of
Police, Police Computer Wing, Karnataka State Police. The Bidder shall have the sole responsibility
for the supervision and control of the personnel deployed in the Project and for payment of such
personnel’s compensation, including salary, withholding of income taxes and social security taxes,
worker’s compensation, employee and disability benefits and the like and shall be responsible for
all obligations of an employer subject to Applicable Law.
(b) The Bidder shall use its best efforts to ensure that sufficient Bidder personnel are assigned to
perform the Services and those personnel have appropriate qualifications to perform the Services.
After discussion with Bidder, Additional Director General of Police, Police Computer Wing, Karnataka
State Police shall have the right to require the removal or replacement of any Bidder personnel
performing work under this Agreement based on bonafide reasons. In the event that Additional
Director General of Police, PCW, Karnataka Police requests that any Bidder personnel be replaced,
the substitution of such personnel shall be accomplished pursuant to a mutually agreed upon
schedule.
(c) In the event that Additional Director General of Police, PCW, Karnataka Police and Bidder identify
any personnel of Bidder as “Key Personnel”, then the Bidder shall not remove such personnel from
the Project without the prior written consent of Additional Director General of Police, PCW,
Karnataka Police unless such removal is the result of an unavoidable circumstance including but not
limited to resignation, termination, medical leave, etc.
(d) Except as stated in this Clause, nothing in this Agreement or the SLA will limit the ability of Bidder
to freely assign or reassign its employees; provided that Bidder shall be responsible, at its expense,
for transferring all appropriate knowledge from personnel being replaced to their replacements.
Additional Director General of Police, PCW, Karnataka Police shall have the right to review and
approve Bidder’s plan for any such knowledge transfer. Bidder shall maintain the same or higher
standards for skills and professionalism among replacement personnel as in personnel being
replaced.
(e) Each Party shall be responsible for the performance of all its obligations under this Agreement or
the SLA as the case may be and shall be liable for the acts and omissions of its employees and agents
in connection therewith.
(f) Neither Party will solicit for employment or knowingly hire an employee of the other Party with
whom such Party has contact pursuant to project engagements under this Agreement. This
restriction shall not apply to employees of either Party responding to advertisements in job fairs or
news media circulated to the general public.

29.2. Independent Contractor


(a) Nothing in this Agreement or the SLA shall be construed as establishing or implying any
partnership or joint venture between the Parties to this Agreement or the SLA and, except as

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expressly stated in this Agreement or the SLA, nothing in this Agreement or the SLA shall be deemed
to constitute any Parties as the agent of any other Party or authorizes either Party to:
i. incur any expenses on behalf of the other Party;
ii. enter into any engagement or make any representation or warranty on behalf of the other
Party;
iii. pledge the credit of or otherwise bind or oblige the other Party; or iv. Commit the other Party
in any way whatsoever without in each case obtaining the other Party’s prior written consent.

29.3. Sub-contractors
The bidder would not be allowed to sub-contract/ outsource work without written approval of the
department.

29.4. Assignment
(a) All terms and provisions of this Agreement shall be binding on and shall inure to the benefit of
Additional Director General of Police, PCW, Karnataka Police and their respective successors and
permitted assigns.
(b) The Bidder shall not be permitted to assign its rights and obligations under this Agreement to
any third party.
(c) Additional Director General of Police, PCW, Karnataka Police may assign or novate all or any part
of this Agreement and Annexures, and the Bidder shall be a party to such novation, to any third
party contracted to provide outsourced services to Additional Director General of Police, PCW,
Karnataka Police or any of its nominees.

29.5. Trademarks, Publicity


Neither Party may use the trademarks of the other Party without the prior written consent of
the other Party except that Bidder may, upon completion, use the Project as a reference for
credential purpose. Except as required by law or the rules and regulations of each stock
exchange upon which the securities of one of the Parties is listed, neither Party shall publish
or permit to be published either along or in conjunction with any other person any press
release, information, article, photograph, illustration or any other material of whatever kind
relating to this Agreement, the SLA or the business of the Parties without prior reference to
and approval in writing from the other Party, such approval not to be unreasonably withheld
or delayed provided however that Bidder may include Additional Director General of Police,
PCW, Karnataka Police or its client lists for reference to third parties subject to the prior
written consent of Additional Director General of Police, PCW, Karnataka Police not to be
unreasonably withheld or delayed. Such approval shall apply to each specific case and relate
only to that case.

29.6. Notices

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(a) Any notice or other document which may be given by either Party under this Agreement or under
the SLA shall be given in writing in person or by pre-paid recorded delivery post, email or by
facsimile transmission.
(b) In relation to a notice given under this Agreement, any such notice or other document shall be
addressed to the other Party’s principal or registered office address as set out below:

The Additional Director General of Police,


Police Computer Wing (PCW),
State Crime Record Bureau
7th Floor, MS Building-1,
Bengaluru, Karnataka

(c) In relation to a notice given under the MSA / SLA, a Party shall specify the Parties’ address for
service of notices, any such notice to be copied to the Parties at the addresses set out in this
Clause.
(d) Any such notice or other document shall be deemed to have been given to the other Party (or, if
relevant, its relevant associated company) when delivered (if delivered in person) if delivered
between the hours of 10:00 am and 5:30 pm at the address of the other Party set forth above or
if sent by fax, provided the copy fax is accompanied by a confirmation of transmission, or on the
next working day thereafter if delivered outside such hours, and 7 days from the date of posting
(if by letter) or if sent by email.
(e) Either Party to this Agreement or to the SLA may change its address, telephone number, facsimile
number and nominated contact for notification purposes by giving the other reasonable prior
written notice of the new information and its effective date.

29.7. Variations and Further Assurance


(a) No amendment, variation or other change to this Agreement or the SLA shall be valid unless
authorized in accordance with the change control procedure as set out in the Change Control of
this Agreement. Such amendment shall be made in writing and signed by the duly authorized
representatives of the Parties to this Agreement or the SLA.
(b) Each Party to this Agreement or the SLA agrees to enter into or execute, without limitation,
whatever other agreement, document, consent and waiver and to do all other things which shall
or may be reasonably required to complete and deliver the obligations set out in this Agreement
or the SLA.

29.8. Severability and Waiver

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(a) If any provision of this Agreement or the SLA, or any part thereof, shall be found by any court or
administrative body of competent jurisdiction to be illegal, invalid or unenforceable the
illegality, invalidity or unenforceability of such provision or part provision shall not affect the
other provisions of this Agreement or the SLA or the remainder of the provisions in question
which shall remain in full force and effect. The relevant Parties shall negotiate in good faith in
order to agree to substitute for any illegal, invalid or unenforceable provision a valid and
enforceable provision which achieves to the greatest extent possible the economic, legal and
commercial objectives of the illegal, invalid or unenforceable provision or part provision.
(b) No failure to exercise or enforce and no delay in exercising or enforcing on the part of either
Party to this Agreement or the SLA of any right, remedy or provision of this Agreement or the
SLA shall operate as a waiver of such right, remedy or provision in any future application nor
shall any single or partial exercise or enforcement of any right, remedy or provision preclude
any other or further exercise or enforcement of such right, remedy or provision or the exercise
or enforcement of any other right, remedy or provision.

29.9. Compliance with Applicable Law


Each Party to this Agreement accepts that its individual conduct shall (to the extent applicable
to its business like the Bidder as an information technology service provider) at all times comply
with all laws, rules and regulations of government and other bodies having jurisdiction over the
area in which the Services are undertaken provided that changes in such laws, rules and
regulations which result in a change to the Services shall be dealt with in accordance with the
Change Control of this Agreement.

29.10. Professional Fees


All expenses incurred by or on behalf of each Party to this Agreement and the SLA, including all
fees of agents, legal advisors, accountants and actuaries employed by either of the Parties in
connection with the negotiation, preparation and execution of this Agreement or the SLA shall
be borne solely by the Party which incurred them.

29.11. Entire Agreement


This Agreement and the SLA with all annexures appended thereto and the contents and
specifications of the RFP constitute the entire agreement between the Parties with respect to
their subject matter, and as to all other representations, understandings or agreements which
are not fully expressed herein, provided that nothing in this Clause shall be interpreted so as to
exclude any liability in respect of fraud, misrepresentation and corrupt practice.

29.12. Amendment
(a) Any amendment to this Agreement shall be made by mutual written consent of all the
Parties.

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31. Annexure : Change Control Format

Change Control Note CCN Number:

Part A: Initiation

Title:

Originator:

Sponsor:

Date of Initiation:

Details of Proposed Change

(To include reason for change and appropriate details/specifications. Identify any attachments as
A1, A2, and A3 etc.)

Authorised by ADGP Office, PCW, Karnataka Date:


Police /Nominated Agency

Name:

Signature: Date:
Received by the SI

Name:

Signature:

Change Control Note CCN Number:

Part B: Evaluation

(Identify any attachments as B1, B2, and B3 etc.)


Changes to Services, charging structure, payment profile, documentation, training, service levels
and component working arrangements and any other contractual issue.

Brief Description of Solution:

Impact:

Deliverables:
Timetable:
Charges for Implementation:

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(including a schedule of payments)
Other Relevant Information:
(including value-added and acceptance criteria)
Authorised by the Bidder Date:
Name:

Signature:

Change Control Note CCN Number :

Part C : Authority to Proceed

Implementation of this CCN as submitted in


Part A, in accordance with Part B is: (tick as
appropriate)

Approved

Rejected
Requires Further Information (as
follows, or as Attachment 1 etc.)

For ADGP Office, PCW Karnataka Police and For the Bidder
its nominated agencies

Signature Signature

Name Name

Title Title

Date Date

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