RFP Notice No. 10 of 2013 CORRIGEND - Gujarat State Disaster ...

September 6, 2013 

Subject : Corrigendum No. 4 in the RFP Notice No. 10 of 2013 

Reference: RFP Notice No. 10 of 2013 

CORRIGENDUM NO. 4 to RFP Notice No. 10 of 2013 by GSDMA 

Following is the corrigendum to presently available RFP for “Selection of Build, Own, Operate, and Transfer (BOOT) Operator to Set-up and 

manage Information & Communication Technology System (ICTS) Infrastructure for Gujarat State Disaster Response”. 

Sr. # Page # Clause # 

1 

95 2.6 

Description of 

Terms / Headings 

GSDR-ICTS Design 

Criteria 

Existing Clause Queries Reply 

GSWAN backbone will be used 

for inter and intra organizational 

day-to-day operations with 

VSAT network as fallback 

communication backbone 

available 24*7 

The MPLS VPN is planned as 

fallback network for GSWAN 

(MPLS-VPN should interconnect 

SEOC (1), DEOCs (26), TEOCs 

(29) and ERCs (5) 

pl. confirm GSWAN shall have largely 2 

failover i.e. VSAT and MPLS, However this 

network also have their failover 

mechanism. Guidelines on failover 

covering complete scenario shall be 

appreciated. Also, How shall they operate 

when all networks are live 

Network resource preference is 

provided on page 97 of existing 

RFP.

2 

3 

92 2.2 

19 

Pg. No. 19 / 1.2.7 / 

e 

Horizontal and vertical 

connectivity between SEOC, 

DEOC, ERC, GIDM, TEOC, ESF(s), 

State Data Center, SICN and 

other nodes on GSWAN and 

public telecom based GSDR-ICTS 

backbone (MPLS-VPN). The 

connectivity on MPLS-VPN 

between SEOC and DEOCs will 

be at 1 Mbps rate and between 

District and TEOC will be at 128 

Kbps rates. Horizontal 

connectivity means connectivity 

at a particular level for example 

district EOC and ESF 

departments in the same 

district. Vertical connectivity 

means connectivity across levels 

for example SEOC and DEOC. 

Public telecom network for 

voice and broadband internet 

connectivity at SEOC, DEOC, 

TEOC 

We understand, Horizontal connectivity 

with various ESF organizations will be over 

GSWAN Only. 

Additionally bidder need to cater to MPLS- 

VPN based backup connectivity. Pls 

confirm. 

If the above is to be catered then pls 

provide the maximum no of nodes to be 

considered for ESF redundant 

connectivity. 

Internet at SEOC/DEOC/TEOC is required 

in shared network, we understand that a 

shared internet is required at all remote 

locations thru the 8 Mbps internet 

connectivity at SEOC using the MPLSLAN. 

Also there is a contradiction to the above 

understanding, which ask for DSL / ADSL 

modems and separate internet connection 

locally. Pls refer Cl 2.7 Pg No 97 

Please bring clarity on internet 

requirement & amend the RFP clauses 

accordingly 

This is a part of solution design 

and bidder will have to 

undertake a survey for that. 

1) MPLS LAN is back-up to 

GSWAN for voice, data and 

videoconferncing connectivity 

and not for distribution of 

Internet 

2) Internet at SEOC and remote 

locations is for access to 

Internet and also to act as last 

back-up to other network 

resources

4 

Page 

102 & 

Page 

109 

5 Page 

254 

1.3.3 

SEOC 

connecti 

vity and 

facilities 

& 

1.6 

Taluka 

EOC 

SCHEDUL 

E XII 

DELIVER 

ABLES 

Annex I – 

Technical 

requirements at 

Emergency 

Operation Centers 

Facilities 

SERVICE 

AGREEMENT 

1.3) TEOC will be connected 

with SEOC using 

GSWAN, MPLS-VPN, 

Broadband Internet and public 

telephone (including cell 

phone) networks. 

1.6) Selected TEOC sites will 

be connected with respective 

DEOC using MPLS-VPN leased 

from 

licensed telecom service 

operator. 

MPLS-VPN of required capacity 

is to be provided at 

SEOC, DEOC and ERC locations 

Connectivity of TEOC with SEOC is not 

clear. In Section 1.3.3 it is mentioned that 

TEOC will connect to SEOC via GSWAN, 

MPLS-VPN ,Broadband Internet and 

public telephone (including cell phone) 

networks but in Section 1.6 it is 

mentioned that TEOC will be connected to 

respective DEOC using GSWAN, MPLS-VPN 

In DELIVERABLE under Schedule XIII it is 

mentioned MPLS-VPN of required capacity 

is to be provided at SEOC, DEOC and ERC 

locations but Sections 1.3.3 and 1.6 

mentions MPLS-VPN at TEOC as well? 

Refer revised RFP 

MPLS-VPN of required capacity 

is to be provided at 

SEOC, DEOC, TEOC and ERC 

locations

6 

7 

95 2.6 

97 2.7 

GSWAN backbone will be used 

for inter and intra organizational 

day-to-day operations with 

VSAT network as fallback 

communication backbone 

available 24*7. The network 

design would permit direct 

interface with MPLS-VPN based 

on public telecom service 

provider’s network to meet 

situation where GSDMA may 

decided to isolate GSDR-ICTS 

services from GSWAN backbone. 

The MPLS VPN is planned as 

fallback network for GSWAN 

(MPLS-VPN should interconnect 

SEOC (1), DEOCs (26), TEOCs 

(29) and ERCs (5). Links between 

SEOC and DEOCs should be of 1 

Mbps rate and between DEOCs 

and respective TEOCs and ERC at 

128 Kbps rate. MPLS-VPN is also 

required where GSWAN 

connectivity doesn't exist (at 

TEOC, ESF dept.). 

MPLS-VPN is required where 

GSWAN connectivity doesn't 

exist. Such locations would not 

be more than 20 and the 

connectivity is required at 128 

KBPS 

We understand GSWAN will be the main 

connectivity, and second level of 

connectivity will be thru MPLS-VPN and 

third level of connectivity will be 

facilitated by VSAT. 

As the highlighted statements contradict, 

hence we would request you to clarify the 

understanding. 

Can you pls provide the location where 

GSWAN connectivity is not available, is it 

DEOC / TEOC/ ERC? 

Assumption is correct. MPLS will 

be back-up for GSWAN.. 

Refer revised RFP.

8 

General 

Please let us know about backup and data 

retaintion policies to seize storage 

The backup policy demands 

daily incremental backup and 

weekly full back up . The 

retention policy shall be 

informed to the selected bidder 

9 

263 SCHEDULE XIII 

DELIVERABLES/Note 

Telephone lines at DEOC, TEOC 

and ERCs 

Co lines will be provided at DEOC, TEOC& 

ERC. Pl specify no. 

GSDMA will provide the 

telephone lines 

10 

43 Clause 

No. 3.2.2 

Detailed Technical 

Criteria 

2) BOOT experience in IT 

Network 

projects 

3) Network Operations Centre 

experience - (Mission Critical, 

WAN, LAN, Security, managing 

E-mail services, Internet services 

etc., for 24x7 operations) in 

Projects with over 100 WAN 

node 

Normally both are complementary for 

each other, means all BOOT based 

NETWORK PROJECTs would necessarily 

have NOC, secondly the experience of 

project under BOOT / BOOM / BOO should 

be allowed for any / all IT projects, if has 

multi-locational 

execution. 

Hence request GSDMA to kindly ament 

the requirement as, 

BOOT / BOOM / BOO/BOT 

experience in any IT projects, 

Network 

1) BOOT / BOOM / BOO experience in any 

IT projects, having multi-locational 

execution. 

2) Network Operations Centre experience 

(Mission Critical, WAN, LAN, Security, 

managing E-mail services, Internet 

services etc., for 24x7 operations )

11 

42 3.2.1 

(3D) 

RFP, Sec-2 - ITB 

The bidder must have 

experience of implementing at 

least one project related to: 

Emergency Operations Centre or 

Network Operations Centre 

experience Mission Critical, 



etc., for 24x7 operations ) in 

Projects with over 50 WAN 

nodes for Defence or Finance 

organization 

Following modification is requested: 

A. The bidder must have experience of 

implementing at least one project related to: 

Emergency Operations Centre or Network 

Operations Centre experience Mission 

Critical, WAN, LAN, Security, managing E- 

mail services, Internet services etc., for 24x7 

operations ) in Projects with over 50 WAN 

nodes for a Government/PSU or any 

government organization anywhere in the 

world. 

B. The work order for Emergency Operation 

Center/Defence Center etc are covered 

under Non Disclosure Agreement of the 

client. It is requested that a duly authorised 

certificate from the client shall also be 

considered. 

A. The bidder must have 

experience of implementing at 

least one project related to: 

Emergency Operations Centre or 

Network Operations Centre 

experience Mission Critical, 



etc., for 24x7 operations ) in 

Projects with over 50 WAN 

nodes for Defence/Finance 

organization/Central or State 

Government 

B. Accepted 

12 

13 

219 

General 

SCHEDULE II 

EXIT 

MANAGEMENT 

SCHEDULE 

Substitution Clause and 

Substitution Agreement 

It is requested to include the Substitution 

Clause and Substitution Agreement. It is 

essential to do so for ensuring the 

financing by Lenders. 

SLA should not be applicable during exit 

management period. 

No Change 

As per RFP

14 

220 1.2 

15 New 

addition 

16 

41 Clause 2a 

1.2 Transfer of 

Assets 

Fixed Term 

Contract 

Pre qualification 

Criteria 

If GSDMA exercises the option 

to purchase the software for 

operating the hardware and 

systems, GSDMA shall pay to the 

Operator on the Transfer Date 

for transfer of such software for 


systems, such sum in 

accordance with Schedule VI. If 

GSDMA exercises the option to 

purchase Proprietary Software, 

the Proprietary Software shall 

be licensed to GSDMA in 

accordance with the Schedule VI 

and Schedule VIII. 

No termination right for Vendor 

The Bidder should have a 

minimum average turnover of 

INR 200 Crores for the last five 

financial years from all its 

businesses and a minimum 

average turnover of INR 80 

Crores for the last five financial 

years from all its IT 

infrastructure services 

businesses. 

GSDMA will make the payment of all 

unpaid amount against the asset on the 

date of transfer of asset based on the 

capex and Opex 

Plz add: The vendor will have the right ot 

terminate in case the customer defaulted 

the payment for concecutive two qtrs.In 

case of termination Bidder request 

payment for all the Hardware /Software 

Licences delivered and services rendered 

till that day along with Hardware orders 

especially for this project and in Transit 

The Bidder should have a minimum 

average turnover of INR 200 Crores for the 

last five financial years from all its 

businesses and a minimum average 

turnover of INR 80 Crores for the last five 

financial years from all its IT/ITES/IT 

infrastructure services businesses. 


Please refer Clause 7.3 (ii) 

(General Rules) 

No Change

17 

18 

198 

199 

Service 

Agreement, 

Clause 6.4 (c), 

Page 198 

Service 

Agreement, 

Clause 6.4 (d), 

Page 199 

....However the Operator shall 

be eligible to seek relief based 

on declared Force Majeure 

conditions during 

Implementation Phase and not 

during Operations & 

Maintenance Phase.... 

Force Majeure - 

Implementation Phase 

If the event of Force Majeure 

occurs prior to commencement 

of operations and maintenance 

and continues for a period in 

excess of ten days, then GSDMA 

will grant a period of 7 days to 

the Operator to resume normal 

activities under this Agreement. 

In case the default continues, 

then GSDMA may discuss the 

issue with the Operator and 

revise the existing timelines for 

the Project. If the Operator does 

not complete the 

Implementation Phase in 

accordance with the revised 

timelines, GSDMA shall have the 

option to invoke the 

Implementation Phase 

Performance Guarantee and/or 

terminate this Agreement. 

As no private company is equipped 

enough to deal with wars, terrorist 

attacks, military operations, riots, 

sabotage and acts of Government or other 

competent authority, it is requested to 

grant relief to the Operator based on 

declared Force Majeure conditions during 

Operations & Maintenance Phase in such 

cases as well. Further, it is requested that 

GSDMA provides the required protection 

to the Project in such cases. 

1. In case of Force Majeure for a period in 

excess of ten days, the period granted by 

GSDMA to the Operator should be equal 

to the number of days of Force Majeure. 

2. In case of continued Force Majeure for 

a certain specified number of days, the 

right to terminate the Agreement should 

be with both the parties and GSDMA 

should not invoke the Implementation 

Phase Performance Guarantee. Also, in 

such a case, the non-compliance of the 

timelines / obligations by the Operator 

should not be treated as a default. 


No change

19 

199 

Service 

Agreement, 

Clause 6.4 (d), 

Page 199 

Force Majeure - 

Operation & Maintenance Phase 

.......In case the default is due to 

extreme geographical conditions 

preventing physical access to 

damages inflicted area of the 

GSDR-ICTS Project, GSDMA may 

review such incidents on case-to 

case basis for wavier of 

penalties giving more time to 

the Operator for rectifying the 

situation. In case of non fixation 

of mutually agreeable date 

attributable to any of the 

parties, the Evaluation 

Committee shall decide the 

date...... 

It is requested that besides extreme 

geographical conditions, GSDMA should 

also consider the waiver in case of serious 

damage to the Project due to war, 

terrorist activities, military operations, 

riots and acts of Government or other 

competent authority. 

“In case the default is due to 

extreme geographical 

conditions/war/riots/terrorist 

activities/military operations 

preventing physical access to 

damages inflicted area of the 

GSDR-ICTS Project, GSDMA 

may review such incidents on 

case-to case basis for wavier 

of penalties giving more time 

to the Operator for rectifying 

the situation “

20 203- 

204 

Service 

Agreement, 

Clause 7.2, Pages 

203, 204 

.....The payment of 50% of QGR 

shall be made within 15 days of 

quarter ending subject to the 

condition that an invoice is 

raised by the Operator within 2 

days of quarter ending. Any 

payment over & above 50% of 

QGR to which the Operator is 

entitled shall be paid after the 

penalty is calculated by the 

designated official / agency 

(“Third Party Agency”). The 

remaining payment out of QGR 

(after deducting the penalties) 

shall be made within 15 days 

from the date of response by 

the Operator to the notice 

issued by GSDMA as mentioned 

hereinafter, provided the 

Operator immediately responds 

to the notice issued by 

GSDMA.............the Operator 

shall have 15 days from the date 

of receipt of such notice to 

respond..............In the event 

that the Total Average 

Percentage Uptime for the 

network and Services falls below 

95 % in a given month, the 

Operator would be served a 

notice for improvement of the 

Services during the next 2 

months or face termination of 

Agreement........ 

There are three possibilities: The Operator 

may be eligible for Zero Penalty, Some 

Penalty and the third possibility may be of 

Uptime less than 95%. It is requested that 

the Operator must be paid 100% of QGR 

within 15 days of quarter ending in case of 

Zero Penalty. While a time limit is given 

for the operator to respond to the notice, 

there is no time limit provided on the 

authority to issue the notice. This may 

delay the payments to the operator. It is 

requested to allow 7 days for issue of such 

notice. 

The notice shall be issued by 

GSDMA within 14 days of 

quarter ending

21 

22 

23 

24 

25 

196 Page 196 

201 Page 201 

General 

General 

General 

6.3 Limitation of Liability 

a. There shall be no limitation of 

liability in case of any damages 

for bodily injury (including 

death) and damage to real 

property and tangible personal 

property. 

6.7 INSURANCE 

(ii) Without prejudice to the 

provisions contained in Clause 

(i) above, the Operator shall, 

during the Operation and 

Maintenance Phase, procure 

and maintain insurance cover 

including but not limited to the 

following: 

(a) Loss, damage or destruction 

of the Assets, including assets 

handed over by GSDMA to the 

Operator, at replacement value; 

(b) comprehensive third party 

liability insurance including 

injury to or death of personnel 

of GSDMA or others who may 

enter the Premises; 

(c) the Operator’s general 

liability arising out of this 

Agreement; 

Limitation of liability should not exceed 

project scope valued as quoted in the 

commercial bid. Kindly confirm. 




To assess Insurance cover amonunt 

correctly, details of GSDMA assets 

required whichc would be handed over to 

the selected operator. Since it has 

commercial impact on the impact, you are 

requested to share the details. 












26 

General 

(d) liability to third parties for 

goods or property damage; 





27 

28 

29 

30 

204 

General 

General 

Service 

Agreement, 

Clause 7.3 (i), 

Pages 204 

Service 

Agreement, 

Schedule II, Clause 

1.1 c(ii) and Clause 

1.2 b(ii), Pages 

219, 220 

(e) workmen’s compensation 

insurance; and 

(f) any other insurance that may 

be necessary to protect the 

Operator and its employees, 

including all Force Majeure 

Events that are insurable and 

not otherwise covered in items 

(a) to (e) above. 

In the event of breach of any 

other terms or conditions of this 

Agreement by the Operator, 

GSDMA shall provide the 

Operator 30 days to rectify or 

remedy the breach. In the event 

the Operator is unable to rectify 

or remedy the breach within the 

aforementioned period, GSDMA 

shall have the right to terminate 

this Agreement. 

Clause 1.1 c. Upon 

commencement of the Exit 

Management Period, the 

Operator shall........(ii) deliver 

forthwith the actual or 

constructive possession of the 

Assets, free and clear of all 

encumbrances;........... Clause 

1.2 b(ii). All risk and titles to the 

Assets to be transferred to 

GSDMA pursuant to this 

Schedule shall be transferred to 

GSDR-ICTS Project, on the 

Transfer Date. 







It is requested to revise this clause by 

adding the phrase "Subject to the 

Provisions of Force Majeure". 

As all the risks and titles are to be 

transferred to GSDMA on the Transfer 

Date only, the actual or constructive 

possession of the assets may also be 

deferred to the Transfer Date. 



No Change. 


31 

32 

General 

7 Disclaimer 

The assumptions, assessments, 

statements and information 

contained in this RFP, may not 

be complete, accurate and 

adequate. Each Bidder should, 

therefore, conduct its own 

investigations and analysis and 

should check the accuracy, 

adequacy, correctness, 

reliability and completeness of 

the assumptions, assessments 

and information contained in 

this RFP and obtain independent 

advice from appropriate 

sources. 

As this is a typical PPP project, it is 

requested to adopt the standard clauses 

from the model documents prepared for 

PPP projects. 

a) The requirement of the client need to 

be clearly stated in the RFP by the client so 

that there is no ambiguity and all the 

bidders are on the same page. The client 

organisation issuing the RFP which is the 

legal document has to have the entire 

ownership of the data and information 

contained in the RFP. Hence, kindly 

remove this from the disclaimer. 

b) If bidder is to obtain independent 

advice then there may be varied advices 

and respective solutions. It is suggested 

that there should be one source to state 

the requirements so that all bidders are on 

the same page. Hence the RFP or the 

written answers to the pre-bid queries 

shared across all the vendors should be 

the only means of dissiminating any extra 

information. Hence the statement "Each 

Bidder should therefore conduct..... 

independent advice from appropriate 

sources" should be withdrawn. As per 

legal RFP processes the same is not 

allowed and the RFP should be 

comprehensive self contained and nonambiguous. 

No change 

No change

33 

34 

35 

36 

37 

7 Disclaimer 

7 Disclaimer 

30 2.5 (c ) 

30 2.5.2 

32 2.8.2 

Information provided in this RFP 

to the bidders …. GSDMA 

accepts no responsibility for the 

accurancy or otherwise for any 

interpretation or opinion on the 

law expressed herein. 

GSDMA, its employees and 

advisers make no representation 

… including the accuracy, 

adequacy, correctness… Bidding 

Process 

Acknowledgement by the 

bidder: Acknowledged and 

accepted the risk of inadequacy, 

error or mistake in the 

information provided in the RFP 

…..GSDMA 

GSDMA Shall not be liable for 

any omission, mistake or error 

…. Data given by GSDMA 

GSDMA reserves the right not to 

respond to any questions …. 

Provide any clarification. 

The client needs to own the responsibility 

for the accuracy or otherwise for any 

interpretation or opinion on the law 

expressed herein. 

The client needs to own the responsibility 

for the accuracy, adequacy, correctness, 

reliability or completeness of the RFP. 

GSDMA needs to own the responsibility of 

the adequacy of the information. Thus the 

clause (c ) needs to be deleted and other 

clauses of 2.5 need to be reworded. 

GSDMA must take overall responsibility of 

the information provided in the RFP as the 

responses shall be made as per contents 

of this RFP. This shall lead to fair 

evaluation of the bidders. Thus, thie 

clause needs to be deleted. 

The answers to queries are needed to 

arrive at the solution. Thus, this clause 

needs to be deleted. 





No change. However GSDMA 

will ensure that all reasonable 

queries are answered to best of 

its ability and within reasonable 

time

38 

198 

Service 

Agreement, 

Clause 6.4 (c), 

Page 198 

....However the Operator shall 

be eligible to seek relief based 

on declared Force Majeure 

conditions during 

Implementation Phase and not 

during Operations & 

Maintenance Phase.... 

As no private company is equipped 

enough to deal with wars, terrorist 

attacks, military operations, riots, 

sabotage and acts of Government or other 

competent authority, it is requested to 

grant relief to the Operator based on 

declared Force Majeure conditions during 

Operations & Maintenance Phase in such 

cases as well. Further, it is requested that 

GSDMA provides the required protection 

to the Project in such cases. 


39 

36 2.14.5 

2.14.5 Forfeiture 

of Bid Security 

The Bid Security can be forfeited 

if a Bidder: 

a. Withdraws its Bid during the 

period of bid validity; 

b. Having been notified of the 

acceptance of its Bid by GSDMA 

during the period of bid validity: 

c. fails or refuses to execute the 

Service Agreement; 

d. fails or refuses to furnish the 

Performance Security, in 

accordance with the bid 

requirement; 

e. engages in any of the 

Prohibited Practices specified in 

Section 4 of the RFP; or 

f. is found to have Conflict of 

Interest as specified in Clause 

2.2.1 

failure to sign the contract due to nonacceptance 

by customer of deviations 

submitted by bidder should not be a 

ground under this section. 


40 

41 

42 

39 2.2 

49 5.3 

240 

SCHEDUL 

E VIII 

2.20 Execution of 

Service 

Agreement 

Section – 5: 

Miscellaneous 

SOFTWARE 

LICENSE TERMS 

(Proprietary 

Software) 

2.20.1 After acknowledgement 

of the LOA as aforesaid by the 

Selected Bidder, it shall execute 

the Service Agreement within 

the period prescribed in Clause 

1.3.6. The Selected Bidder shall 

not be entitled to seek any 

deviation in the Service 

Agreement 

5.3 It shall be deemed that by 

submitting the Proposal, the 

Bidder agrees and releases the 

GSDMA, its employees, agents 

and advisers, irrevocably, 

unconditionally, fully and finally 

from any and all liability for 

claims, losses, damages, costs, 

expenses or liabilities in any way 

related to or arising from the 

exercise of any rights and/or 

performance of any obligations 

hereunder, pursuant hereto 

and/or in connection herewith 

and waives any and all rights 

and/or claims it may have in this 

respect, whether actual or 

contingent, whether present or 

future. 

Ref clause 

Except for the deviations which have been 

submitted by bidder along with its bid in 

Annex V – Deviations from Bid Terms & 

Conditions. 

Seek deletion as this is against principles 

of natural justice, we have undertaken 

that for the selection process we are 

giving up our right to challenge any 

decision of GSDMA, however, same can 

not be the case once the contract / project 

is awarded. 

the Proprietary software will be licensed 

as per EULA terms of the owner of 

software. 




43 

179 2.4 2.4 Approvals 

c. GSDMA shall use reasonable 

endeavors to assist the Operator 

in obtaining such Approvals. In 

the event that any Approval is 

not obtained, the Operator and 

GSDMA shall co-operate with 

each other in achieving a 

reasonable alternative 

arrangement as soon as 

reasonably practicable, for the 

Operator, to continue to process 

its work with as minimal 

interruption to its business 

operations as is commercially 

reasonable until such Approval 

is obtained, provided that the 

Operator shall not be relieved of 

its obligations to provide the 

Services and to achieve the 

Service levels until such 

Approvals are obtained, if and to 

the extent that the Operator's 

obligations are dependent upon 

such Approvals. 

c. GSDMA shall use reasonable endeavors 

to assist the Operator in obtaining such 

Approvals. In the event that any Approval 

is not obtained, the Operator and GSDMA 

shall co-operate with each other in 

achieving a reasonable alternative 

arrangement as soon as reasonably 

practicable, for the Operator, to continue 

to process its work with as minimal 

interruption to its business operations as 

is commercially reasonable until such 

Approval is obtained, provided that the 

Operator shall not be relieved of its 

obligations to provide the Services and to 

achieve the Service levels until such 

Approvals are obtained, if and to the 

extent that the Operator's obligations are 

independent of such Approvals. 


44 

190 5.1 

5.1 Intellectual 

Property Rights 

k. All right, title and interest in 

and to, and ownership in, 

Proprietary Information of 

Operator, which is provided to 

GSDMA, and all modifications, 

enhancements and other 

derivative works of such 

Operator Proprietary 

Information (“Operator 

Proprietary Information”), shall 

remain solely with Operator. 

The Operator shall, within 30 

days of the 

Effective Date, provide to 

GSDMA the status of all the 


Information 

along with documentary support 

sufficient to establish its sole 

legal rights in the aforesaid 

Proprietary Information. This 


Information shall refer to the 

Proprietary 

Information that has been 

owned by the Operator prior to 

the Effective Date. 

Seek deletion of: 

The Operator shall, within 30 days of the 

Effective Date, provide to GSDMA the 

status of all the Operator Proprietary 

Information along with documentary 

support sufficient to establish its sole legal 

rights in the aforesaid Proprietary 

Information. This Operator Proprietary 

Information shall refer to the Proprietary 

Information that has been owned by the 

Operator prior to the Effective Date. 


a. There shall be no limitation of 

liability in case of any damages 

for bodily injury (including 

death) and damage to real 

property and tangible personal 

property. 

b. This Agreement does not 

grant or create any rights, 

benefits, claims, obligations or 

causes of action in, to or on 

behalf of any person or entity 

(including any third party) other 

than between the respective 

Parties to this Agreement. 

c. The Operator recognizes and 

acknowledges that the Services 

to be provided by it under this 

Agreement are not replicable 

and/or are specific to the 

Operator. Accordingly, the 

Operator acknowledges that in 

the event of a breach of this 

Agreement by it, compensation 

by way of damages will not be 

an adequate remedy for GSDMA 

and accordingly, GSDMA shall be 

entitled to seek and enforce 

specific performance of this 

Agreement. 

d. The Operator shall also be 

liable for damages caused due 

to breach by the Operator of its 

obligations under this 

Agreement other than as stated 

in Article 6.3 (a). However, the 

aggregate liability of the 

Operator for damages caused 

due to breach by Operator of its 

Seek deletion of point C. 

Seek deletion of following in point D: 

It is hereby clarified that in the event this 

Agreement is terminated by GSDMA for 

breach by Operator of its obligations 

under this Agreement, the Operator shall 

be liable to make payment of the penalty 

as specified above. In such an event

46 

47 

193 5.1 

189 i 


Property Right 

(m) 



Upon the expiration or any 

termination of this Agreement, 

Operator shall undertake the 

actions set forth below in this 

Article to assist GSDMA to 

procure replacement services 

equivalent to Services provided 

hereunder. 

i) the license in the third party 

software shall automatically be 

deemed to have been assigned 

in favour of GSDMA or its 

nominee. GSDMA shall be 

required only to intimate the 

licensor the name of the 

assignee, if applicable, and the 

date from which the assignment 

of the license shall be deemed 

to have taken effect. For the 

avoidance of doubt, this 

intimation shall not be 

construed as a condition to the 

assignment of the license 

Bidder will assit in procurement but not 

financially liable. 

GSDMA will have to sign the Assignment 

agreement/ agremeent of similar terms 

and conditions to take the software on its 

own name with terms and conditions to 

be agreed between the contracting 

parties. 



48 

49 

189 

205 7.4 



7.4 Consequences 

of Termination 

The Operator shall procure, no 

later than the Implementation 

Phase Completion Date, from 

each of the third party owners 

of Proprietary Software, a 

confirmation letter in the form 

annexed hereto as Schedule 

XVII. For avoidance of doubt, 

obtaining such confirmation 

letters from each of the third 

party owner of Proprietary 

Software shall be a condition to 

achieving Implementation Phase 

Completion Date. 

The revised clause reads as 

follows: 

d. Notwithstanding any other 

provision contained in this 

Agreement to the contrary, in 

the event of termination of this 

Agreement in the circumstances 

described in Clause 7.3(iv) no 

compensation shall be payable 

to the Operator, provided that 

such termination shall not 

prejudice or affect any other 

right of action or remedy which 

may have accrued or shall 

accrue thereafter to GSDMA. 

obligation would be on best effort basis 

only. otherwise we will asist GDMSA to get 

a similar agreement signed as detaied 

above. this should not be a condition to 

achieving Implementation Phase 

Completion Date. 

In case of such termination Bidder request 

payment for all the Hardware /Software 

Licences delivered and services rendered 

till that day along with Hardware orders 

especially for this project and in Transit 


No Change. Please refer 

Schedule II

50 

51 

206 7.6 

221 1.2 

7.6 (Fixed Term 

Contract) 

1.2 Transfer of 

Assets 

The following clause has been 

inserted: 

The Operator recognizes and 

confirms that this Agreement is 

a fixed term contract and 

therefore, the Operator shall 

not be entitled to terminate this 

Agreement for any reason 

whatsoever, except for the 

reasons specifically provided for 

in this Agreement. 

iii. If GSDMA exercises the 

option to purchase the software 

for operating the hardware and 

systems, GSDMA shall pay to the 

Operator on the Transfer Date 

for transfer of such software for 


systems, such sum in 

accordance with Schedule VI. If 

GSDMA exercises the option to 

purchase Proprietary Software, 

the Proprietary Software shall 

be licensed to GSDMA in 

accordance with the Schedule VI 

and Schedule VIII. 

seek deletion 

Proprietary Software shall be lisenced to 

GDMSA as per the terms of the EULA/ 

Software Lisence terms of the owners of 

the Proprietary Software only. 



52 New 

clasue 

53 New 

clasue 

Deemed 

Acceptance 

SNR 

Not mentioned to be added 

Not mentioned to be added 

All Products/ services rendered hereunder 

shall be deemed accepted, if Customer 

does not provide a written notice of any 

rejection/confirmation of acceptance or 

when Customer uses the 

Product/deliverable in its business, 

whichever occurs earlier. In the event of 

any rejected product/service, Bidder shall 

be given a 30 day period to correct the 

same. 

Customer hereby agrees to make the site 

ready as per the agreed specifications, 

within the agreed timelines. Customer 

agrees that Bidder shall not be in any 

manner be liable for any delay arising out 

of Customer's failure to make the site 

ready within the stipulated period, 

including but not limited to levy of 

liquidated damages for any delay in 

performance of Services under the terms 

of this Contract. Further any idle time 

resulted due to non available of site or 

infrastructure or data, Customer shall 

make payment to Bidder for the same. 



R Bannerji 

CEO, GSDMA

RFP Notice No. 10 of 2013 CORRIGEND - Gujarat State Disaster ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?