Jammu and Kashmir Sports RFP v-0.1

REQUEST FOR PROPOSAL (RFP)
FOR
Sports Kits Supply & Capacity Building Platform for Training and
Assessment of Physical Education / Sports Teachers across Government
Schools in Jammu and Kashmir
Bid Reference #: XXXXXX
Bid Issuance Date:
Samagra Shiksha
Department of School Education
Government of Jammu and Kashmir
Phone- 0194-2435895/3512099 (Kashmir Region)
0191-2467421/3510365 (Jammu Region)
Email: jksamagrashiksha@gmail.com
RFP for Sports Kits Supply & Capacity Building Platform for Training and Assessment of Physical Education / Sports
Teachers across Government Schools in Jammu and Kashmir
REQUEST FOR PROPOSAL (RFP)

FOR
Training Platform Development for Training and Assessment of Physical Education / Sports Teachers and Sports Kits
Supply across Government Schools in Jammu and Kashmir
Samagra Shiksha – Department of School Education

Government of Jammu and Kashmir,
Behind Baghat-i-Bazulla, Rawatpora-Srinagar Opposite Guruduwara, N.H. by pass Road, Channi Rama-Jammu
0191-2467421/3510365 (Jammu Region)
Email: jksamagrashiksha@gmail.com Advertisement No. – XXXXX
Dated: DD / MM / YYYY
Ref. No. XXXXXX Dated: DD / MM / YYYY.
Samagra Shiksha, Jammu & Kashmir invites Proposals from qualified entities in the field Sports Education Provision,
towards supply of sports kits, Training, IT Platform Development for Training the Trainers for various Government
Schools in Jammu and Kashmir, the number of schools under various category is as follows:
School type Number of Schools
Primary 12,155
Upper Primary 7,564
Secondary 1,744
Senior Secondary 787

Total 22,254
The Detailed list of sports equipment is provided in Annexure 1, whereas the detailed scope of the project is
provided in Section XXX
S Description of Estimated EMD RFP Bid Date Last date and Last date and Date and
Services cost Fee Processing &Time of time to time for receipt time of bid
No.
Fee Start of download of Hardcopy of opening
sale of bid and DD/BC & Bid (Technical
document submission of security Bid)
Bid. declaration
1. Sports Education 19.96 Rs. 5 5000/ 1000/- XXXX XXXX XXXX XXXX
Training, Training Cr Lakh -
Platform Development
for Training and
Assessment and Sports
Kits Supply across
Government Schools in
Jammu and Kashmir
Detailed invitation for Request for Proposal can be downloaded from https://jktenders.gov.in/nicgep/app Download
Last date of Proposal submission: 05:00 pm hours IST on or before XXXXX
RFP Issue Date : XXXXX
Last Date of Proposal Submission: XXXXX Sd/-
(Deep Raj Kanethia)
State Project Director
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Samagra Shiksha-Jammu and Kashmir
REQUEST FOR PROPOSAL (RFP) FOR Sports Kits Supply & Capacity Building Platform for Training and Assessment of
Physical Education / Sports Teachers across Government Schools in Jammu and Kashmir
Table of Contents
1 Invitation of Proposal......................................................................................................................................8
1.1 Key Events and Dates.................................................................................................................................
1.2 OTHER IMPORTANT INFORMATION RELATED TO BID..............................................................................
2 BACKGROUND...............................................................................................................................................11
3 REQUEST FOR PROPOSAL PROCESS...............................................................................................................13
3.1 General Information and Guidelines........................................................................................................
3.2 Instructions to Bidder...............................................................................................................................
3.3 RFP Document Price.................................................................................................................................
3.4 Earnest Money Deposit (EMD).................................................................................................................
3.5 Pre-Bid Queries and Pre-Bid Meeting on RFP...........................................................................................
3.6 Response to Pre-Bid Queries / Corrigendum / Amendment to the RFP...................................................
3.7 Completeness of Response......................................................................................................................
3.8 Proposal Preparation Cost........................................................................................................................
3.9 Right to Termination................................................................................................................................
3.10 Authentication of Bids..............................................................................................................................
3.11 Interlineation of Bids................................................................................................................................
3.12 Late Bids...................................................................................................................................................
3.13 Patent Claim.............................................................................................................................................
3.14 Intellectual Property Rights......................................................................................................................
3.15 Pre - Qualification Criteria........................................................................................................................
3.16 Technical Evaluation Criteria....................................................................................................................
3.17 Commercial Bid........................................................................................................................................
3.18 Validity of the Bid.....................................................................................................................................
3.19 Corrections/ Errors in Commercial Bid.....................................................................................................
3.20 Price and Information..............................................................................................................................
3.21 Language..................................................................................................................................................
3.22 Conditions under which RFP has been issued..........................................................................................
3.23 Right to the Content of the Bid................................................................................................................
3.24 Disqualification.........................................................................................................................................
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3.25 Acknowledgement of Understanding.......................................................................................................

3.26 Bid Opening and Evaluation Process........................................................................................................
3.27 Selection of Bidder...................................................................................................................................
3.28 Award Criteria..........................................................................................................................................
3.29 Right to accept any Bid and to reject any or all Bids................................................................................
3.30 Notification of Award...............................................................................................................................
3.31 Contract Period........................................................................................................................................
3.32 Commencement and Duration of Contract..............................................................................................
3.33 Signing of Contract...................................................................................................................................
3.34 Failure to agree with Terms and Conditions of this RFP...........................................................................
3.35 Performance Bank Guarantee..................................................................................................................
4 Scope of Work...............................................................................................................................................33
4.1 Supply of Sports Kits:................................................................................................................................
4.2 Online Sports Content Portal Development.............................................................................................
4.3 Payment Schedule....................................................................................................................................
4.4 Functional Requirements for the Portal:..................................................................................................
4.5 Timelines & Service Level Agreement......................................................................................................
4.6 SLA Exclusions..........................................................................................................................................
5 General Conditions of Contract.....................................................................................................................39
5.1 Draft Contract..........................................................................................................................................
5.2 Documents...............................................................................................................................................
5.3 Sports Equipment.....................................................................................................................................
5.4 Change Request.......................................................................................................................................
5.5 Governing Law.........................................................................................................................................
5.6 Settlement of Disputes.............................................................................................................................
5.7 Taxes and Duties......................................................................................................................................
5.8 Confidential Information..........................................................................................................................
5.9 Change in laws and Regulation................................................................................................................
5.10 Subcontracting & Consortium:.................................................................................................................
5.11 Force Majeure..........................................................................................................................................
5.12 Extension of Time.....................................................................................................................................
5.13 Termination..............................................................................................................................................
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5.14 Conflicts of Interest..................................................................................................................................

5.15 Code of Integrity......................................................................................................................................
5.16 Corrupt or fraudulent practices................................................................................................................
5.17 Data Protection........................................................................................................................................
5.18 Confidentiality..........................................................................................................................................
5.19 General Conditions...................................................................................................................................
5.20 Notices.....................................................................................................................................................
5.21 Exit management or Transition................................................................................................................
5.22 Limitation of Liability................................................................................................................................
5.23 Binding Clause..........................................................................................................................................
5.24 Change Orders for Software Implementation..........................................................................................
5.25 Assignments.............................................................................................................................................
6 Annexures:....................................................................................................................................................49
6.1 Annexure: Request for Clarification.........................................................................................................
6.2 Annexure 2- Pre-Qualification Bid Documents.........................................................................................
6.3 Annexure 3. Template for Technical Bid to be submitted online.............................................................
6.4 Annexure 4. Commercial Bid to be submitted online...............................................................................
6.5 Annexure5. Format for Performance Bank Guarantee.............................................................................
6.6 Annexure 6. Citation for Experience of Bidder.........................................................................................
6.7 Annexure 7. Declaration by Bidder..........................................................................................................
6.8 Annexure 8. Manufacturer Authorization Form (MAF)............................................................................
6.9 Annexure 9: Non-Disclosure Agreement..................................................................................................
6.10 Annexure 10 - Format for Power of Attorney to Authorize Signatory......................................................
6.11 Annexure 11 - Format for Non-Blacklisting of the Organization..............................................................
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Disclaimer
Samagra Shiksha, Department of School Education, Government of Jammu and Kashmir has
issued this Request for Proposal (hereinafter referred to as “RFP”) “REQUEST FOR PROPOSAL
(RFP) FOR Sports Kits Supply & Capacity Building Platform for Training and Assessment of
Physical Education / Sports Teachers across Government Schools in Jammu and Kashmir” on
such terms and conditions as set out in this RFP document, including but not limited to the
technical specifications set out in different parts of this RFP document.
1. This RFP has been prepared with an intention to invite prospective applicants /Bidders and to
assist them in making their decision on whether or not to submit a Bid. It is hereby clarified
that this RFP is not an agreement and the purpose of this RFP is to provide the Bidder (s) with
information to assist them in the formulation of their Bids.
2. This RFP document does not purport to contain all the information Bidders may require. This
RFP document may not be appropriate for all persons, and it is not possible For Samagra
Shiksha, Jammu & Kashmir to consider the investment objectives, financial situation and
particular needs of each Bidder. Samagra Shiksha, Jammu & Kashmir has taken due care in
preparation of information contained herein. However, this information is not intended to be
exhaustive. The interested parties are required to make their own inquiries and respondents
will be required to confirm in writing that they have done so, and they do not solely rely on
the information contained in this RFP in submitting their Bid. This RFP includes statements,
which reflect various assumptions and assessments arrived at by Samagra Shiksha, Jammu &
Kashmir in relation to the Project. Such assumptions, assessments and statements do not
purport to contain all the information that each Bidder may require.
3. This RFP is not an agreement by and between Samagra Shiksha, Jammu & Kashmir and the
prospective Bidders or any other person. The information contained in this RFP is provided on
the basis that it is non–binding on Samagra Shiksha, Jammu & Kashmir, any of its authorities
or agencies, or any of their respective officers, employees, agents, or advisors. Samagra
Shiksha, Jammu & Kashmir makes no representation or warranty and shall incur no liability
under any law as to the accuracy, reliability or completeness of the information contained in
the RFP document. Each Bidder is advised to consider the RFP document as per his
understanding and capacity. The Bidders are also advised to do appropriate examination,
enquiry and scrutiny of all aspects mentioned in the RFP document before bidding. The
Bidders are encouraged to take professional help of experts on financial, legal, technical,
taxation, and any other matters / sectors appearing in the document or specified work. The
Bidders are also requested to go through the RFP document in detail and bring to notice of
Samagra Shiksha, Jammu & Kashmir, any kind of error, misprint, inaccuracies, or omission in
the document.
Samagra Shiksha, Jammu & Kashmir reserves the right
 To not proceed with the project

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 To alter the timetable reflected in this document

 To change the process or procedure to be applied
 To decline to discuss the project further with any party submitting a Bid.
4. No reimbursement of cost of any type will be paid to persons, entities submitting a Bid. The
Bidder shall bear all costs arising from, 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 Samagra
Shiksha, Jammu & Kashmir or any other costs incurred in connection with or relating to its bid.
5. Issue of this RFP does not imply that Samagra Shiksha, Jammu & Kashmir is bound to select
and pre-qualify bids for bid stage or to appoint the selected Bidder, as the case may be, for
the project and Samagra Shiksha, Jammu & Kashmir reserves the right to reject all or any of
the bids without assigning any reasons whatsoever.
6. Samagra Shiksha, Jammu & Kashmir may, in its absolute discretion but without being under
any obligation to do so, update, amend or supplement the information, assessment or
assumptions contained in this RFP.
7. Samagra Shiksha, Jammu & Kashmir, its employees and advisors make no representation or
warranty and shall have no liability (for any cost, damage, loss or expense which may arise
from or is incurred or suffered on account of anything contained in this RFP or otherwise,
including but not limited to the accuracy, adequacy, correctness, completeness or reliability of
the RFP and any assessment, assumption, statement or information contained therein or
deemed to be part of this RFP or arising in any way with eligibility of Bidder for participation in
the Bidding Process) towards any applicant or Bidder or a third person, under any law, statute,
rule, regulation or tort law, principles of restitution or unjust enrichment or otherwise.
8. Samagra Shiksha, Jammu & Kashmir also accepts no liability of any nature whether resulting
from negligence or otherwise howsoever caused arising from reliance of any Bidder upon the
statement contained in this RFP.
9. Interested parties, after careful review of all the clauses of this ‘Request for Proposal’, are
encouraged to send their suggestions in writing to Samagra Shiksha, Jammu & Kashmir before
the pre bid meeting. Such valid suggestions if so required, after review by Samagra Shiksha,
Jammu & Kashmir, shall be incorporated into this ‘Request for Proposal’ as a corrigendum,
which shall be uploaded onto the e- tendering website. All eligible Bidders need to be
registered on the following portals to generate login credentials and to download the bid
documents for online bid preparation / description etc. https://jktenders.gov.in/nicgep/app
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1 Invitation of Proposal
Samagra Shiksha, Jammu & Kashmir hereby invites proposals for REQUEST FOR PROPOSAL
(RFP) FOR Sports Kits Supply & Capacity Building Platform for Training and Assessment of
Physical Education / Sports Teachers across Government Schools in Jammu & Kashmir” for
one-time supply. The Bidders are advised to study this RFP document carefully, before
submitting their Bids in response to the RFP Notice. The submission of a Bid in response to this
notice shall be deemed to have been done after careful study and examination of this
document with full understanding of its terms, conditions and implications.
1. The complete bidding document has been published on for the purpose of downloading. The
downloaded bid document shall be considered valid for participation in the electronic bidding
process (e-Tendering) subject to the submission of required RFP Price and EMD.
2. The Bidders who wish to participate in this bidding process must register on -
https://jktenders.gov.in/nicgep/app
3. To participate in online bidding process, Bidders must have a valid Digital Signature Certificate
(DSC).
4. The Bidders (authorized signatory) shall submit their offer online in electronic formats for
preliminary qualification, technical and commercial Bid. The RFP Price, and Earnest Money
Deposit (EMD) should be submitted online as per the details provided in the RFP.
5. Samagra Shiksha, Jammu & Kashmir will not be responsible for delay in online submission due
to any reason. For this, the Bidders are requested to upload the complete bid well in advance
to avoid any issues. For queries related to bid submission, the Bidders may contact to
helpdesk at:
0120-4001 002
0120-4001 005
0120-6277 787
International Bidders are requested to prefix 91 as country code
Email Support: For any Issues or Clarifications relating to the published tenders, bidders are
requested to contact the respective Tender Inviting Authority
Technical-support-eproc@nic.in
or refer https://jktenders.gov.in/nicgep/app
6. The Bidders are also advised to refer “Bidders Manual Kit” available on
https://jktenders.gov.in/nicgep/app?page=BiddersManualKit&service=page for further details
regarding the e-tendering process.
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1.1 Key Events and Dates
Sr. No Information Details

1 Tender Starting Date (RFP XXXX
Advertisement Date)
2 Last date for downloading the XXXX
RFP document from
https://jktenders.gov.in/nicge
p/app
3 Last date for submission of Pre-
Bid Queries on xxxxxx
4 Date, Time and place of Pre- Bid XXXX at XXXX AM / PM at:
Meeting
Samagra Shiksha, Jammu & Kashmir
Behind Baghat-i-Bazulla, Rawatpora-Srinagar
Opposite Guruduwara, N.H. by pass Road, Channi

Rama-Jammu

0191-2467421/3510365 (Jammu Region)
5 Release of response to valid https://jktenders.gov.in/nicgep/app
queries would be available on
6 Last Date (deadline) for XXXX
submission of bids
7 Technical Bid Opening XXXX
Date [Envelop - A]
8 Commercial Bid Opening Date XXXX
[Envelop - B]
9 Address for Communication State Project Director
Opposite Guruduwara, N.H. by pass Road, Channi

Rama-Jammu

0191-2467421/3510365 (Jammu Region)
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1.2 OTHER IMPORTANT INFORMATION RELATED TO BID
Sr. No Information Details

1 RFP Price Rs. 5,000/- (Five Thousand only) as RFP Fees & Rs.
1,000/- as Bid Processing Fees a total of Rs. 6,000/-
(Rs. Six Thousand Only) to be paid online on E-
Tendering portal at the time of submission of RFP
2 Earnest Money Deposit Rs. 5,00,000 (Five Lacs only) to be paid online on E-
(EMD) to be paid online Tendering portal
3 Bid Validity Period 180 days
4 PBG (Performance Bank 3% of estimated value of total contract value.
Guarantee)
5 Last Date for furnishing Within Thirty (30) working days from the date of issue
PBG of Work Order.
6 Performance Bank 3 months post expiry of the contract period.
Guarantee (PBG)
PBG shall be renewed every year in case extension is
Validity Period
granted post completion of the contract
6 Last date for signing As intimated in the work order issued by Samagra
contract Shiksha, Jammu & Kashmir
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2 BACKGROUND
Sports in schools have immense benefits for both children and for educational systems. The benefits can be
presented in terms of children’s development in a number of domains: physical, lifestyle, affective, social, and
cognitive. Sports have the potential to make distinctive contributions to the development of children’s
fundamental movement skills and physical competences, which are necessary precursors of participation in later
lifestyle and sporting physical activities. They also, when appropriately presented, can support the development
of social skills and social behaviors, self-esteem and pro school attitudes, and, in certain circumstances, academic
and cognitive development.
Sports has numerous benefits. physical education helps children to develop respect for the body—their own and
others’, contributes toward the integrated development of mind and body, develops an understanding of the
role of aerobic and anaerobic physical activity in health, positively enhances self-confidence and self-esteem, and
enhances social and cognitive development and academic achievement.
It provides opportunities to meet and communicate with other people, to take different social roles, to learn
particular social skills (such as tolerance and respect for others), and to adjust to team/collective objectives (such
as cooperation and cohesion), and that it provides experience of emotions that are not available in the rest of life.
The Samagra Shiksha attempts to provide, an integrated/composite school system from pre-school to higher
secondary level. This will facilitate the transition of children across various levels of school education and will aid
in promoting children to complete school education. The vision of the Scheme is to ensure inclusive and equitable
quality education from pre-school to senior secondary stage in accordance with the Sustainable Development
Goal (SDG) for Education.
State Government of Jammu & Kashmir very well understands the need of inculcating the value of Sports
Education in Students at an early age and with the aim of providing the basic sports facilities across its
Government Schools aims to procure Sports kits for Primary, Upper Primary, Secondary and Senior Secondary
Schools. The State Government also understand that mere providing of Sports Kit will not benefits the students
and it is very important to improve the Training Knowledge of the Sports / Physical Education Teachers by training
them on Sporting Concepts & Sporting Knowledge enhancement through multiple trainings and assessing their
knowledge skills through various assessments in an electronic manner. This will ensure that the right knowledge is
getting passed from the Sports Instructors to the students and students understand the finer nuances at an early
stage and know the various areas in the sporting field where they can enhance their skills to obtain meaningful
livelihood.
The Major Objectives of the Program are as follows:
 To help students to reach fitness goals and maintain a healthy life through physical
activity and sports participation of students in school
 Encouraging and developing students’ physical abilities and providing sufficient
opportunities for students to develop individual abilities
 Encouraging the development of team spirit among students by bringing individuals from
a variety of social and economic background together in a shared interest
 Developing good attitudes of pride, sportsmanship, and ethical behaviour in students
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 Developing and maintaining good relationships between students

 Providing value-based sports programs focused on good character
 Improvement of psychological health in students
 Providing opportunities for the development of valued capabilities and competencies,
and developing social networks and community cohesion
 Train the Teachers on finer nuances of Sports and make them aware of the rules and
regulations of various sports
 Develop Training material for trainers so as to make them understand and refer to
material in future course of training and implementation
 Assessment of Trainers (PE Teachers) on Training Platform to check their knowledge
gained from content & training
The State Government of Jammu & Kashmir has been, providing sports kit provision, Developing Online Platform
for PE Training, Training and Assessment of PE Teachers and Developing Sporting Content for PE teachers.
Samagra Shiksha, Jammu & Kashmir is keen to outsource the supply of sporting kits in the required number at the
schools (As per Annexure XXX) and capacity building of Physical Education Teachers across 22,315 Schools and
where such Trainers are not existing train the nominated Staff by School Education Department through
Development of relevant Sporting Content and deploy the e Content online in the form of an e Book, Develop and
assessment platform for assessing the trained PE Teachers online.
The number of schools may vary at the time of final allocation.
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3 REQUEST FOR PROPOSAL PROCESS

This section includes important information related to RFP.
3.1 General Information and Guidelines

 Samagra Shiksha, Jammu & Kashmir invites bids through this Request for Proposals
(“RFP”) from eligible Bidders as per the scope of work defined in Section 4 of this RFP.
 Any contract that may result from this bidding process will be effective from the date of
signing of contract and shall, unless terminated earlier in accordance with its terms till
delivery of sports equipment
 Samagra Shiksha, Jammu & Kashmir reserves the right to extend the Contract on
mutually agreed terms and conditions at the sole discretion of Samagra Shiksha, Jammu
& Kashmir, subject to any obligations under law of Samagra Shiksha, Jammu & Kashmir.
 Bids must be received not later than the time, date and venue mentioned in the section
‘Key Events and Dates’. Bids that are received late or after the due date of submission
WILL NOT be considered in this procurement process.
 While every effort has been made to provide comprehensive and accurate background
information and requirements and specifications, Bidders must perform their own
research and survey, and form conclusions about the solution needed to meet the
requirements.
 All the information supplied by Bidders shall be treated as contractually binding on
them, on successful award of the assignment by Samagra Shiksha, Jammu & Kashmir on
the basis of this RFP.
 No commitment of any kind, contractual or otherwise shall exist unless and until a
formal written contract has been executed by or on behalf of Samagra Shiksha, Jammu
& Kashmir.
 Any notification of preferred Bidder status by Samagra Shiksha, Jammu & Kashmir shall
not give rise to any enforceable rights by the Bidder. Samagra Shiksha, Jammu &
Kashmir may cancel this public procurement at any time, prior to a formal written
contract being executed by or on behalf of Samagra Shiksha, Jammu & Kashmir.
 This RFP supersedes and replaces any previous public documentation and
communications, and Bidders should place no reliance on such communications.
 All figures of costs, project values and others shall be mentioned in Indian Rupees only.
 No Bidder shall submit more than one Bid for the Project. An entity bidding individually,
shall not be entitled to submit another bid individually.
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3.2 Instructions to Bidder

Samagra Shiksha, Jammu & Kashmir invites the reputed bidders to submit their technical
proposals and financial offers for Selection of agency for ports Kits Supply & Capacity Building
Platform for Training and Assessment of Physical Education / Sports Teachers across
Government Schools in Jammu & Kashmir
Submission of Proposals
i) Samagra Shiksha, Jammu & Kashmir will follow the process of ‘e-tendering’ for
submission of the bids with the view to increase participation & greater transparency in
the process. For all bidders, complete bidding process will be online (e-tendering) in two
envelope systems. All the notification & details terms and conditions regarding, this
tender notice hereafter will be published online on web site
ii) Bidding documents can be seen and downloaded from the website
https://jktenders.gov.in/nicgep/app The bid document can be submitted in electronic
format on the website as per timeline mentioned in Notice Details.
iii) As part of the bid, bidder should submit the technical & commercial bid in soft copy as
follows:
(a) One volume containing Pre-qualification documents as per details mentioned.
(b) One volume containing technical bid as mentioned.
(c) One volume containing the Commercial bid as mentioned.
iv) Bids shall be treated as invalid if scan copies are not submitted online along with bid.
v) Bidders should submit information & scanned copies in .pdf format.
vi) Bidder must ensure that the information furnished in submitted documents for technical
bid does not contain any commercial items/ prices. If any commercial information is
present in technical bid, Samagra Shiksha, Jammu & Kashmir reserves the right to reject
the bidder.
vii) Any deviations in format may make the tender liable for rejection.
viii) It is required that all the Bids submitted in response to this RFP should be unconditional in
all respects, failing which Samagra Shiksha, Jammu & Kashmir reserves the right to reject
the Bid.
ix) It shall be the responsibility of the Bidder to re-check that each page of the requisite
document uploaded as a part of the bid is indexed, stamped and duly signed by an
authorized signatory.
Samagra Shiksha, Jammu & Kashmir reserves the right to accept or reject any or all tenders
without assigning any reason even in case of single bid submission.
3.3 RFP Document Price

The Bidders are requested to pay online Rs. 5,000/- (FIve Thousand only) as RFP Fees & Rs.
1,000/- as Bid Processing Fees a total of Rs. 6,000/- (Rs. Six Thousand Only) through e-Tender
Portal Payment Gateway. RFP Price & Bid Processing Fees are non-refundable. The RFP
document can be downloaded from the portal https://jktenders.gov.in/nicgep/app on
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registration. Bids that are not accompanied by the RFP Price or accompanied with inadequate
RFP Price, shall be considered non-responsive and will be rejected.
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3.4 Earnest Money Deposit (EMD)
The Bidders are requested to deposit the EMD of Rs. 5, 00,000 (Rupees Five lacs Only)
through Online Payment Gateway as integrated in the https://jktenders.gov.in/nicgep/app
e-tendering portal.
 The EMD shall be denominated in Indian Rupees only. No interest will be payable to the
Bidder on the amount of the EMD.
 Bids submitted without the prescribed EMD will be rejected.
 Unsuccessful Bidder’s EMD shall be returned to the respective Bidder by
 EMD of Successful Bidder will be returned after the award of contract and submission of
the Performance Bank Guarantee within specified time and in accordance with the
format given in the RFP.
 EMD shall be non-transferable.
The EMD stands forfeited in the following conditions:
i. If a Bidder withdraws his bid during the period of bid validity or its extended period, if
any.
ii. If successful Bidder fails to sign the Contract or to furnish Performance Bank
Guarantee within specified time in accordance with the format given in the RFP.
iii. If during the bid process, a Bidder indulges in any such deliberate act as would
jeopardize or unnecessarily delay the process of bid evaluation and finalization. The
decision of the Samagra Shiksha, Jammu & Kashmir regarding forfeiture of the Bid
Security shall be final and binding upon Bidders.
iv. If during the bid process, any information is found false/fraudulent / malafide, then
Samagra Shiksha, Jammu & Kashmir shall reject the bid and, if necessary, initiate legal
action.
3.4.1 Contact Details
For any clarifications and communication with reference to the RFP documents, the Bidders
shall communicate at the address given below
To,
Opposite Guruduwara, N.H. by pass Road, Channi Rama-Jammu
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0191-2467421/3510365 (Jammu Region)
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3.5 Pre-Bid Queries and Pre-Bid Meeting on RFP
Samagra Shiksha, Jammu & Kashmir will host a Pre-Bid Meeting for queries (if any) by the
prospective Bidders. The date, time and place of the meeting are specified in Section 1.1
The representatives of the Bidders may attend the pre-bid meeting at their own cost. The
purpose of the pre-bid meeting is to provide a forum to the Bidders to clarify their doubts /
seek clarification or additional information, necessary for them to submit their bid.
The Bidders shall send in their pre-bid queries as per the prescribed in the format specified in
Annexure 1 of this RFP to the contact address at which the bids are to be submitted and email
the same to email id mentioned in section 1.1 3.4.1 of this RFP. The Bidders shall send their
pre-bid queries as per the schedule specified in the RFP Section 1.1 It is at the discretion of
Samagra Shiksha, Jammu & Kashmir to respond to valid and appropriate queries raised before
or during the Pre-Bid meeting and published on https://jktenders.gov.in/nicgep/app If
required, the corrigendum will be issued. This response of Samagra Shiksha, Jammu &
Kashmir shall become integral part of RFP document.
3.6 Response to Pre-Bid Queries / Corrigendum / Amendment to the RFP

At any time prior to the deadline (or as extended by Samagra Shiksha, Jammu & Kashmir) for
submission of bids, if required Samagra Shiksha, Jammu & Kashmir for any reason, whether at
its own initiative or in response to clarifications requested by the Bidder may modify the RFP
document by issuing amendment(s) or issue additional data to clarify an interpretation of the
provisions of this RFP, if found necessary. Such supplements/corrigendum to the RFP issued
by Samagra Shiksha, Jammu & Kashmir would be displayed on
https://jktenders.gov.in/nicgep/app Any such supplement / corrigendum / amendment shall
be part of this RFP.
Any such supplement / corrigendum / amendment will be binding on all the Bidders. Samagra
Shiksha, Jammu & Kashmir will not be responsible for any misinterpretation of the provisions
of this RFP document on account of the Bidders failure to update the Bid documents based on
changes announced through the website.
In order to allow Bidders a reasonable time to take the supplement / corrigendum /

amendment(s) into account in preparing their bids, Samagra Shiksha, Jammu & Kashmir, at its
discretion, may extend the timeline for the submission of bids.
3.7 Completeness of Response

1. The Bidders are advised to study all instructions, forms, terms, requirements and other
information in the RFP documents carefully. The submission of bid shall be deemed to
have been done after careful study and examination of the RFP document with full
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understanding of its implications.

2. The response to this RFP should be full and complete in all respects. Failure to furnish all
information required by the RFP document or submission of a bid not substantially
responsive to the RFP document in every respect will be at the bidder's risk and may
result in rejection of its Bid and forfeiture of the bid EMD.
3.8 Proposal Preparation Cost

The Bidder shall be responsible for all costs incurred in connection with participation in the
RFP process, including, but not limited to, costs incurred in conduct of informative and other
diligence activities, participation in meetings/discussions/presentations, preparation of Bid, in
providing any additional information required by Samagra Shiksha, Jammu & Kashmir to
facilitate the evaluation process, and all other related activities of the Bid process. This RFP
does not commit Samagra Shiksha, Jammu & Kashmir to award a contract or to engage in
negotiations. Further, no reimbursable cost shall be incurred in anticipation of award of the
Contract for implementation of the Project.
3.9 Right to Termination

Samagra Shiksha, Jammu & Kashmir may terminate the RFP process at any time and without
assigning any reason. Samagra Shiksha, Jammu & Kashmir makes no commitments, express or
implied, that this process will result in a business transaction with anyone. This RFP does not
constitute an offer by Samagra Shiksha, Jammu & Kashmir. The bidder's participation in this
process may result in Samagra Shiksha, Jammu & Kashmir selecting the bidder to engage
towards execution of the contract. In the event of such termination, EMD shall be returned,
without any interest.
3.10 Authentication of Bids

The Bid document should be completely read and understood by the Bidder, the various
terms and conditions mentioned in the RFP would be binding upon the Bidder. The Bidder
should make a declaration of the same in the format attached in Annexure 9 and to be
submitted along with Pre-Qualification documents. A letter of authorization in the name of
the person signing the Bid documents shall be supported by a written Power-of-attorney
accompanying the Bid.
3.11 Interlineation of Bids

The bid shall contain no interlineations or erasures. In case of any overwriting, the place
needs to be signed by the Authorized signatory.
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3.12 Late Bids

The bids submitted on the e-tendering portal after the due date and the specified time
(including the extended period if any) for any reason whatsoever, shall not be entertained.
3.13 Patent Claim

In the event of any claim asserted by a third party of infringement of copyright, patent,
trademark or industrial design rights arising from the use of the solution or any part thereof,
the Bidder shall expeditiously extinguish such claim. If the Successful Bidder fails to comply
then Successful Bidder should pay the required compensation to a third party resulting from
such infringement. The Bidder shall be responsible for such compensation, including all
expenses, court costs and lawyer fees.
3.14 Intellectual Property Rights

During and after the end of the contract period or on surrendering or termination of contract,
all data / content / e-content/ any information generated during this period, Samagra Shiksha,
Jammu & Kashmir shall own exclusive Intellectual Property Rights of the same, the Bidder /
any associated member of Bidder cannot claim for any rights on the same.
Samagra Shiksha, Jammu & Kashmir shall own the IPR of the code that would be written in the
process of customization of existing solution to meet the requirements of RFP. For this
purpose, the Bidder shall handover Samagra Shiksha, Jammu & Kashmir, the related source
code of the developed or customized software and the rights of entire data, including
backups. The Bidder shall hand-over all the raw data to Samagra Shiksha, Jammu & Kashmir
on a regular basis. Samagra Shiksha, Jammu & Kashmir shall own the IPR for e-content
created as part of this project and bidder cannot use the content for any other usage.
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3.15 Pre - Qualification Criteria

The Bidders shall be evaluated based on the Eligibility Criteria mentioned below. The Bidders
should fulfill all the following eligibility criteria independently, as on the date of submission of
bid.
S. Basic
Specific Requirements Documentary Evidence
No. Requirement
a) The applicant should be a company registered  Certificates of
under Indian Companies Act, 1956 or a incorporation /
partnership firm registered under Indian registration
Partnership Act, 1932 or a Limited Liability
Partnership registered under the Limited
1 Legal Entity Liability Partnership Act, 2008 or a
Proprietorship firm or registered under Society
/ Trust Act.
Tax The applicant should have a registered number of

registration  Service Tax registration (not
i. GST, Service Tax, registration and clearance (if
and required for Trusts)
applicable)
2 clearance  PAN / TAN number
ii. PAN / TAN number (mandatory)
Applicant should: -
a) Not be insolvent, in receivership, bankrupt or
being wound up, not have its affairs
administered by a court or a judicial officer,
not have its business activities suspended and
must not be the subject of legal proceedings
for any of the foregoing reasons;
b) Directors and officers not have been
convicted of any criminal offence related to
their professional conduct or the making of  A Self-Certified
false statements or misrepresentations as to undertaking from the
3 Undertaking
their qualifications to enter into a Bid Submitting
procurement contract within a period of Authority
three years preceding the commencement of
the procurement process, or not have been
otherwise disqualified pursuant to
debarment proceedings;
c) Not have a conflict of interest in the
procurement in question as specified in
the bidding document.
d) Comply with the code of integrity as specified
in the bidding document.
4 Years of The bidder should be in existence for a minimum of  Certificates of
Existence 5 years as on the bid submission date incorporation /
registration
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5 Avg. Annual The bidder’s avg. annual turnover should be at least  Audited Balance Sheet
Turnover & Net Rs. 6 Crores in the last 3 Financial Years (FY 2017 – & Profit & loss Accounts
wroth 18; FY 2018 – 19 & FY 2019 – 20). or
 CA Certificate clearly
During this period the bidder should have a positive
mentioning the
net worth (clause is not eligible for Entities
registered under relevant Society / Trust Act.) Turnover
6. Experience 1 The bidder should have experience of managing /  Undertaking by the Bid
providing Sports Equipment in at least 3 CBSE / Submitting Authority
ICSE / State Boards affiliated K – 12 Schools in the clearly stating the
last 3 Financial Years managed by Central / State details of K – 12 Schools
Government / Semi Government / Local Body /
managed or material
Education Trusts involved in providing K 12
Education being supplied to
7. Experience 2 The bidder should have experience of managing /  Undertaking by the Bid
implementing IT Based / Online Teacher’s Training Submitting Authority
portal for at least 3 K – 12 Schools managed by clearly stating the
Central / State Government / Semi Government / details of K – 12 Schools
Local Body / Education Trusts involved in providing K
for which IT based
12 Education
training systems
managed /
implemented
8. Employees The Bidder should have a minimum of 500  Undertaking by the Bid
Employees on it Payroll (Full time / Contractual) Submitting Authority /
HR clearly stating the
number of employees
on its payroll
(Contractual / Full
Time)
9. ISO The bidder should have a Valid ISO 9001: 2015 or  Copy of valid ISO 9001 :
Latest Quality Certification as on bid submission date 2015 Certification
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3.16 Technical Evaluation Criteria

The Evaluation Committee feels that the following parameters are critical for the success of a project of
this nature and expects the bidders to provide accurate and precise information in their responses.
S. Basic Max Marks Qualification

Criteria Marks Documentary Evidence
No. Requirement
1 Years of Number of years of Existence 10 6  Certificates of
Existence incorporation /
 > 5 and < = 7 Years = 6 marks registration
 > 7 and < = 10 Years = 8 marks
 > 10 Years = 10 marks
2 Avg. Annual Annual turnover for the last 3 Financial Years (FY 10 6  Audited Balance
Turnover 2017 – 18; FY 2018 – 19 & FY 2019 – 20): (Max Sheet & Profit & loss
marks = 5 Marks Minimum Qualification = 3 Accounts Or
marks)
 CA Certificate clearly
mentioning the
 > 6 and < = 10 Crores = 6 marks
Turnover
 > 7 and < = 15 Crores = 8 marks
 > 10 Years = 20 Crores = 10 marks
3. Experience 1: The bidder should have experience of managing / 10 6  Undertaking by the

Number of K 12 providing Sports Equipment in at least 3 CBSE / Bid Submitting
Schools material ICSE / State Boards affiliated K – 12 Schools in the Authority clearly
supplied to last 3 Financial Years: stating the details of K
– 12 Schools managed
 > 3 and < = 5 K – 12 Schools = 6 marks
or material being
 > 5 and < 7 K – 12 Schools = 8 marks supplied to
 > 7 K – 12 Schools = 10 marks
4. Experience 2: IT The bidder should have experience of managing / 10 6  Undertaking by the

Based Platforms implementing IT Based / Online Teacher’s Training Bid Submitting
at K – 12 Schools portal for at least 3 K – 12 Schools: Authority clearly
stating the details of K
 > 3 and < = 5 K – 12 Schools = 6 marks
– 12 Schools for which
 > 5 and < 7 K – 12 Schools = 8 marks IT based training
systems managed /
implemented
 > 7 K – 12 Schools = 10 marks
5. Number of Number of Employees: 10 3  Undertaking by the

Employees Bid Submitting
 > 500 and < = 600 Employees = 3 marks Authority / HR clearly
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 > 600 and < = 700 Employees = 5 marks stating the number of
employees on its
payroll (Contractual /
 > 700 and < = 800 Employees = 7 marks Full Time)
 > 800 Employees = 10 marks
6. A&M – Platform Detailed Approach and Methodology for Platform 25 15  Technical Proposal &
Development Development: Presentation
 A&M for Content Development (5 marks)
 A&M for Application Development (10
marks)
 A&M for Testing, UAT & Hosting (5 marks)
 A&M for GO Live (5 Marks)
7. A&M – Material Detailed Approach and Methodology for Sports Kit 25 15  Technical Proposal &
Delivery Supply Presentation
 A&M for Identifying Suppliers, Risk
Mitigation & Timely Delivery (5 marks)
 A&M for Logistics (5 marks)
 A&M for Transportation & Last Mile
Delivery (10 marks)
 A&M for Invoicing & Billing (5 Marks
Total 100 70
 The Bidder needs to obtain a minimum of 60 % marks in each of the sectional cut offs
 The Bidder needs to obtain an overall score of 70 % to qualify for Financial Bidding
 The Overall Bid Evaluation shall be carried out on QCBS Methodology in the ratio 70: 30 Quality & Cost Based
Selection
Note:
1. It is mandatory to submit the specified documents in support of the above eligibility

criteria and the company/firm/trust/Society is likely to be disqualified should it fail to
provide any of the specified documents.
2. Change in Eligibility Criteria: If there is a change in the status of management structure

or share holding/ownership pattern of the Bidder with reference to any of the
eligibility criterion specified above, during the bid process till the award of the project,
the Bidder should immediately bring the same to the notice of Samagra Shiksha,
Jammu & Kashmir for necessary permission for such a change.
3. The Bidder should provide the experience details of Projects undertaken by it only.
Project experience of the Individual Bidder’s parent company or its subsidiary
4. Bidders are required to furnish compliance of all the Sections mentioned in this RFP,
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bringing out clearly deviation if any. The Bidder should submit the No deviation
statement in the following format in the Technical Bid Envelop.
NO DEVIATION STATEMENT
Section of the Compliance to the Whether there are any In case of non -
RFP document section of the item deviations with respect compliance, deviation
offered to any section of the RFP from respective section of
RFP to be indicated in
Yes/ NO
unambiguous terms
1 2 3 4
SIGNATURE OF THE BIDDER WITH RUBBER STAMP
1. Post opening of Technical Bid, Bidder should be ready with all the necessary arrangement
for the Committee to carry out the physical verification at Bidder’s client site where the
similar solution is successfully being implemented, as mentioned in his Bid document.
In the event of the team for physical verification, not finding adequate presence of usable
assets/relevant manpower at the visited site, the approval committee shall take the option
of rejecting the proposal of the bidder concerned and no further appeal in this matter will
be entertained.
2. Samagra Shiksha, Jammu & Kashmir may seek clarifications from the Bidder on the Technical
Bid. Any of the clarifications by the Bidder on the Technical Bid, if has an implication of
increase in the commercial quote submitted by the bidder, such increase shall not be
considered and the commercial bid already submitted shall be taken as final.
3. The Commercial Bid submitted by the Bidder should be inclusive of all the items in the
Technical Bid inclusive of all taxes thereon and should incorporate all the clarifications
provided by the Bidder on the Technical Bid during the evaluation of the technical offer.
4. Committee’s decision for Technical and Commercial Evaluation shall be final and would be
binding upon the Bidders.
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3.17 Commercial Bid

3.17.1 The Bidders should necessarily upload the commercial details as per the provision
made on https://jktenders.gov.in/nicgep/app Format for Commercial Bid is
specified in Annexure 4 of this RFP. All the commercial details should be given in the
prescribed format only and in accordance to the details and terms and conditions as
mentioned in the RFP (hence, the Bidder is expected to understand the RFP in all
respects). Any deviation or any condition written in the commercial proposal except
mentioned in the prescribed format, will result in disqualification of bid. In case the
selected Bidder does not quote for or provision for any sports equipment/
component/services/ any other expenses required to meet the requirements of the
RFP, he shall be solely responsible for those and would be required to provide them,
without any additional cost to Samagra Shiksha, Jammu & Kashmir.
3.17.2 The Bidder is expected to price all the items and services sought in the RFP and
proposed in the Technical Bid.
3.17.3 The price quoted by Bidder should be inclusive of all the taxes, levies, freight,
forwarding, handling, insurance etc. and exclusive of Transport Cost to the location,
the Bidder is required to supply the sports equipment at zonal level in Jammu &
Kashmir(currently Samagra Shiksha, Jammu & Kashmir) in case of any change in
central location the same will be conveyed to the bidder. Samagra Shiksha, Jammu &
Kashmir shall inform However, the type of tax and their percentages levied should
be mentioned as per Annexure 4 of this RFP.
3.17.4 Any change in this tax on upper or lower side shall be considered during the course
of contract. The rates offered by the Bidder should be firm and free from all
escalations. Prices quoted by the bidder shall be fixed during Bidder’s performance
of the Contract and shall not be subject to variation on any account, for the purpose
of reimbursement by Samagra Shiksha, Jammu & Kashmir, wherever agreed.
3.17.5 The Commercial Bid shall not contain any technical information.
3.18 Validity of the Bid

The bid shall be valid for a period of 180 days from the date of submission of Bid. A bid valid
for a shorter period shall be rejected as non-responsive. In exceptional circumstances, at its
discretion, Samagra Shiksha, Jammu & Kashmir may solicit the Bidder’s consent for an
extension of the validity period.
3.19 Corrections/ Errors in Commercial Bid

3.19.1 The Bidders are advised to exercise adequate care in quoting the prices. No excuse
for corrections in the quoted figures will be entertained after the Commercial Bids
are uploaded.
3.19.2 The quoted price shall be corrected for arithmetical errors.
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3.19.3 In cases of discrepancy between the prices quoted in words and in figures, lower of
the two shall be considered.
3.19.4 The amount stated in the Commercial Bid, adjusted in accordance with the above
procedure and as stated in Annexure 4 of this RFP, shall be considered as binding on
the Bidder for evaluation.
3.20 Price and Information

3.20.1 The Bidder shall quote for this project as per the requirements of the RFP. All the
prices will be in Indian Rupees.
3.20.2 The Bidder should quote be considering all costs including the costs insurance for the
Contract Period, travel / stay, daily allowance or any other allowances with respect
to their staff deployed for the execution of this project before or after the award of
the Contract. The Bidder should quote considering all taxes, duties, charges and
levies as applicable.
No revision of the quote shall be made on account of any variations in costs of
Labour and materials, currency exchange fluctuations with international currency
etc.
3.20.3 A Bid submitted with an adjustable price quotation or conditional Bid shall be
rejected as non-responsive.
3.20.4 All costs incurred due to delay of any sort, which is attributable to the Bidder, shall
be borne by the Bidder.
3.20.5 No other costs will be paid to the Bidder, apart from the one mentioned in Annexure
4. The payment will be made to the Bidder on actuals.
3.21 Language
The Bid should be submitted by the Bidder in English language only. If any supporting
documents submitted are in any language other than English, translation of the same in
English language is to be duly attested by the Bidders. For purposes of interpretation of the
Bid, the English translation shall govern. If any documentary evidence for ‘Experience’ is in
other languages, a true translation of the copy, attested by Notary shall be enclosed.
3.22 Conditions under which RFP has been issued

1. This RFP is not an offer and is issued with no commitment. Samagra Shiksha, Jammu &
Kashmir reserves the right to withdraw the RFP and change or vary any par thereof, at
any stage. Samagra Shiksha, Jammu & Kashmir also reserves the right to disqualify any
Bidder should it be so necessary at any stage, without assigning any reason.
2. Timing and sequence of events resulting from this RFP shall ultimately be determined by
Samagra Shiksha, Jammu & Kashmir.
3. No verbal conversations or agreements with any official, agent, or employee of Samagra
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Shiksha, Jammu & Kashmir shall affect or modify any terms of this RFP and any alleged
verbal agreement or arrangement made by a Bidder with any agency, official or employee
of Samagra Shiksha, Jammu & Kashmir shall be superseded by the definitive agreement
that results from this RFP process.
4. Verbal communications by Samagra Shiksha, Jammu & Kashmir to Bidders shall not be
considered binding on it, nor shall any written materials have provided by any person
other than Samagra Shiksha, Jammu & Kashmir. Neither the Bidder nor any of the Bidder
’s representatives shall have any claims whatsoever against Samagra Shiksha, Jammu &
Kashmir or any of their respective officials, agents, or employees arising out of or relating
to this RFP or these procedures (other than those arising under a definitive service
agreement with the Bidder in accordance with the terms thereof).
5. Until the Contract is awarded and during the validity of the Contract, Bidders shall not,
directly or indirectly, solicit any employee of Samagra Shiksha, Jammu & Kashmir to leave
Samagra Shiksha, Jammu & Kashmir or any other officials involved in this RFP process in
order to accept employment with the Bidder, or any person acting in collusion with the
Bidder, without prior written approval of Samagra Shiksha, Jammu & Kashmir.
3.23 Right to the Content of the Bid

All bids and accompanying documentation of the Pre-Qualification & Technical Bid will
become the property of Samagra Shiksha, Jammu & Kashmir and will not be returned.
Samagra Shiksha, Jammu & Kashmir is not restricted in its rights, to use or disclose any or all
of the information contained in the Bid and can do so without compensation to the Bidders.
Samagra Shiksha, Jammu & Kashmir shall not be bound by any language in the Bid indicating
the confidentiality of the Bid, or any other restriction on its use or disclosure.
3.24 Disqualification
The Bid is liable to be disqualified in the following cases or in case the Bidder:
 Fails to meet the requirements as indicated in this RFP and does not comply with the
requirements of this RFP.
 The Bid is not submitted in accordance with the procedure and formats prescribed in this
document or treated as non-conforming Bid.
 The Bid is received in incomplete form, not accompanied by all the requisite documents.
 The information submitted in Technical Bid is found to be misrepresented, incorrect or
false, accidentally, unwittingly or otherwise, at any time during the processing of the
Contract (no matter at what stage) or during the tenure of the Contract including the
extension period, if any
 The Commercial Bid is enclosed with the Technical Bid.
 The Bidder tries to influence the Bid evaluation process by unlawful/ corrupt/ fraudulent
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means at any point of time during the bid process.

 In case any one Bidder submits multiple Bids or if common interests are found in two or
more Bidders, the Bidders will be disqualified.
 The successful Bidder fails to deposit the Performance Bank Guarantee or fails to enter
into a Contract within 30 Days of the date of issue of Work Order or within such extended
period, as may be specified by the Samagra Shiksha, Jammu & Kashmir.
 While evaluating the Bids, if it comes to the Samagra Shiksha, Jammu & Kashmir’s
knowledge expressly or implied, that some Bidders may have colluded in any manner
whatsoever or otherwise joined to form an alliance resulting in delaying the processing of
Bid then the Bidders so involved shall be disqualified for this Contract.
3.25 Acknowledgement of Understanding

By submitting the Bid, each Bidder shall be deemed to acknowledge that he has carefully read
all sections of this RFP, including all forms, schedules, annexure, corrigendum and addendums
(if any) hereto, and has fully informed itself as to all existing conditions and limitations.
3.26 Bid Opening and Evaluation Process

3.26.1 Proposal Opening
The Proposals submitted up to <Time> on <Date> will be opened at <Time> on <Date
Time> by the Samagra Shiksha, Jammu & Kashmir, preferably in the presence of the
Bidder’s representatives who may be present at the time of opening.
The representatives of the Bidders are advised to carry an identity card or a letter of
authority from the Bidding entity to identify their bonafides for attending the opening
of the Proposal.
3.26.2 Proposal Evaluation
1. Bids will be evaluated by Bid Evaluation Committee constituted by Samagra Shiksha, Jammu &
Kashmir.
2. The decision of the Bid Evaluation Committee shall be final. No correspondence
will be entertained outside the process of negotiation/ discussion with the
committee.
3. If there is a discrepancy between words and figures, the amount in words shall
prevail.
4. The Technical Evaluation Committee may conduct clarification meetings with each
or any bidder to discuss any matters, technical or otherwise.
3.26.3 Completeness of Response
1. Bidders are advised to study all instructions, forms, terms, requirements and other
information in the RFP documents carefully. Submission of the bid shall be
deemed to have been done after careful study and examination of the RFP
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document with full understanding of its implications.

2. Failure to comply with the requirements of this paragraph may render the
Proposal non-compliant and the Proposal shall be rejected. Bidders must:
 Include all documentation specified in this RFP;
 Follow the format of this RFP and respond to each element in the order
as set out in this RFP
 Comply with all requirements as set out within this RFP.
3.26.4 Examination of Pre-Qualification Criteria

1. A three-stage procedure will be adopted for evaluation of bid proposals, with the
pre- qualification being completed before the technical evaluation and thereafter
financial proposals being compared.
2. The documents submitted shall be examined to determine whether the bidder
meets the pre-qualification /eligibility criteria, completeness of the bid, whether
the documents have been properly signed by the authorized signatory and
whether the bids are generally in order.
3. Samagra Shiksha, Jammu & Kashmir reserves the right to seek additional
information/clarifications from the bidders. Any bids found to be non-responsive
for any reason or not meeting the minimum levels of eligibility criteria specified in
the various sections of this Tender Document shall be rejected and not included
for further consideration.
4. Bid Evaluation Committee may waive any minor infirmity or non-conformity or
irregularity in a bid which does not constitute a material deviation, provided such
a waiver does not prejudice or affect the relative ranking of any Bidder.
5. Prior to the detailed evaluation, the Evaluation Committee will determine the
substantial responsiveness of each bid to the bidding documents. For purpose of
these Clauses, a substantially responsive Bid is one, which conforms to all the
terms and conditions of the bid documents without material deviations.
6. If the Evaluation Committee determines that a Bid is materially deviating from the
prescribed terms and conditions, then the matter may be referred to competent
authority/experts to decide whether the deviations of the bid are materialistic or
not. However, Decision of the Evaluation Committee shall be final and binding.
7. The Committee’s determination of a Bid's responsiveness shall be based on the
contents of the bid itself without recourse to extrinsic evidence.
8. If there is any difference in interpretation of RFP Terms, Bid Evaluation
Committee's interpretation will be final and applied on all the bids. Bidders are
advised to seek clarification on such RFP terms, if any, during pre-bid meeting.
3.26.5 Evaluation of Technical Bids
1. Technical bids shall be opened only of the bidders who qualify pre-qualification
criteria and submitted all the documents and details in prescribed format.
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2. An intimation will be given to all the bidders who qualify pre-qualification criteria
before opening of technical bid.
3. The committee will evaluate technical bid on the ground of scope of services
mentioned in the RFP and the technical qualification criteria mentioned in the
RFP.
4. The committee may seek further clarification, if required, from the bidders for the
purpose of technical evaluation.
5. If a Technical Bid is determined as not substantially responsive, Samagra Shiksha,
Jammu & Kashmir will reject it and in such a case Commercial Bid will not be
opened.
6. The committee will invite each of qualified bidders to make a presentation at a
date, time and location decided by Samagra Shiksha, Jammu & Kashmir. The
purpose of such presentations would be to allow the Bidders to present their
proposed solutions to the committee and the key points in their Bids.
7. Solution, strategies, offerings and compliances presented in the form of technical
presentation will become essential part of Services Agreement to be signed with
the successful bidder.
3.26.6 Opening & Evaluation of Commercial bids:
1. The commercial proposals should be submitted as per the format of Commercial
Bid given at Annexure 4. Adherences to the prescribed format and terms as
mentioned in this RFP must strictly be followed. Any deviation or any condition
written in the commercial proposal except mentioned in the prescribed format,
will result in disqualification of bid.
2. Unless explicitly indicated, Bidder shall not include any technical information
regarding the services in the commercial Bid. Additional information shall not be
submitted to accompany the proposal. Prices shall be quoted entirely in Indian
Rupees and must include all applicable taxes and levies.
3. The Bidder is required to ensure that the products and services quoted are as per
prescribed specifications and standard.
4. The Bidders are required to quote their best prices, inclusive of all taxes, levies,
freight, forwarding, handling, insurance, inland transportation, and local costs etc.
5. The rates offered by the Bidder should be firm and free from all escalations. Prices
quoted by the bidder shall be fixed during Bidder’s performance of the Contract
and shall not be subject to variation on any account.
6. The Evaluation committee will open the Commercial Bids of only technically
qualified bidders, in the presence of the representatives of the Bidders who
choose to attend, at the time, date and place, as decided by the Evaluation
Committee.
7. The Commercial Bids will be opened and compared (after the technical evaluation
is completed) for those Bidders whose technical bids reach the minimum
threshold scores (i.e. 70 marks).
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3.26.6.1 Tender Evaluation

1. 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%.
2. The bidder would be technically evaluated out of 100 marks. All the bidders who
secure overall minimum of 70% in technical evaluation (70 Marks out of 100
across all the components together) will be considered as technically qualified.
3. Proposals will finally be ranked according to their combined technical (Tb) and
financial (Cb) scores as follows:
Bb = (0.7) * Tb + (0.3) x (Cmin / Cb *100) Where,
Bb = overall combined score of bidder under consideration (calculated up to two
decimal points)
Tb = Technical score of the bidder under consideration
Cb = Financial bid value of the bidder under consideration
Cmin = Lowest financial bid value among the financial proposals under
consideration
4. The first ranked applicant (having the highest combined score) shall be declared as
selected applicant for award of work
3.27 Selection of Bidder

1. The Bidder obtaining the maximum combined score will be considered as
successful bidder for selection and shall be called for further process leading to
the award of the assignment.
2. The project costs will exclude all taxes and levies and shall be paid additionally to
the bidder
3. Any conditional bid would be rejected
4. Errors & Rectification: Arithmetical errors will be rectified on the following basis:
“If there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price shall prevail,
and the total price shall be corrected. If there is a different between the amount in
numbers and amount in words, the amount in words shall be considered as final.
3.28 Award Criteria

Post the evaluation process indicated in Section3.27, Samagra Shiksha, Jammu & Kashmir will
award the contract to the Bidder with the lowest commercial price from the Bidders who
qualified the minimum cut off requirement of 70 marks in Technical evaluation
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3.29 Right to accept any Bid and to reject any or all Bids
Samagra Shiksha, Jammu & Kashmir reserves the right to accept or reject any Bid, and to
annul the tendering process and reject all Bids at any time prior to award of Contract, without
thereby incurring any liability to the affected Bidder (s) or any obligation to inform the
affected Bidder (s) of the grounds for Samagra Shiksha, Jammu & Kashmir’s action.
3.30 Notification of Award

Prior to the expiration of the validity period, Samagra Shiksha, Jammu & Kashmir will notify
the successful Bidder by issuing a Letter of Intent in writing. The selected Bidder should give
Letter of Acceptance of the same within one week from date of issue of Letter of Intent. Work
Order will be issued only after the receipt of Letter of Acceptance from the selected Bidder.
3.31 Contract Period

The contract shall be as follows:
S. Milestone Timelines Payment
No. Schedule
(Approximate)
1 Signing of Contract T0
2 Development of Training Portal T0 + 3 Months
3 UAT of the training Portal T0 + 3.5 Months
4 Portal Go Live T0 + 4 Months
5. Sports Equipment Supply at 5000 Schools T0 + 2 Months 20 % of the
(inclusive of all type of Schools – Primary, overall project
Upper Primary, Secondary, Senior Cost
Secondary)
6. Sports Equipment Supply at next 5000 T0 + 3 Months 20 % of the
Schools summing up to 10,000 Schools overall project
(inclusive of all type of Schools – Primary, Cost
Upper Primary, Secondary, Senior
Secondary)
Secondary)
Secondary)
9. Sports Equipment Supply at next 2,254 T0 + 6 Months 20 % of the
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Secondary)
3.32 Commencement and Duration of Contract

 The contract shall come into effect from the date of signing of contract by selected
bidder and Samagra Shiksha, Jammu & Kashmir, and shall continue, unless
terminated earlier in accordance with the provisions hereof,
3.33 Signing of Contract

The contract shall be signed with the selected Bidder as per RFP. Samagra Shiksha, Jammu &
Kashmir reserves the right to annul the award in case there is a delay of more than 30 days in
signing the Contract from the date of issue of work order, for reasons attributable to the
selected Bidder. The draft of the contract is as per section 5.1
3.34 Failure to agree with Terms and Conditions of this RFP

Failure of the successful Bidder to agree with the terms and conditions of the RFP shall
constitute sufficient grounds for the annulment of the award, resulting which Samagra
Shiksha, Jammu & Kashmir will invoke the Performance Bank Guarantee.
3.35 Performance Bank Guarantee

Performance Bank Guarantee is governed for supplies and services as follows:
a. The Bidder shall carry out the services in conformity with the requirements of the RFP,
generally accepted professional and technically accepted norms relevant to such projects
and to the satisfaction of Samagra Shiksha, Jammu & Kashmir.
b. The Earnest Money deposited at the time of bid submission would be given back to the
selected bidder on payment of Performance Bank Guarantee in the form of a Bank
Guarantee.
The selected Bidder shall deposit the Performance Bank Guarantee as follows:
i. The successful Bidder shall at his own expense, deposit with Samagra Shiksha, Jammu &
Kashmir the Performance Bank Guarantee of 3% of Total Contract value as per the format
provided in this RFP from Indian Public Sector Banks
ii. The Performance Bank Guarantee should be furnished within 30 Working Days from the
date of issue of Work Order, failure to which the claim of successful Bidder for award of
contract shall be withdrawn.
iii. The Performance Bank Guarantee shall be valid up to Ninety days (90) days beyond the
term of the Contract (Contract Period+90 days). At the end of contract, PBG will be
Discharged / returned by Samagra Shiksha, Jammu & Kashmir upon being satisfied that
there has been due performance of the obligations of the successful Bidder under the
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contract. However, no interest shall be payable on the Performance Bank Guarantee.

iv. Samagra Shiksha, Jammu & Kashmir shall also be entitled to make recoveries from the
Performance Bank Guarantee on the following grounds:
 Any amount imposed as a penalty (excluding those mentioned in SLA) by Samagra
Shiksha, Jammu & Kashmir for irregularities Committed by the Bidder.
 Any amount which Samagra Shiksha, Jammu & Kashmir becomes liable to the
Government /Third party on behalf of any default of the Bidder or any of
his/her/their agent/ employees or staff.
 Any payment/fine made under the order/judgment of any court/consumer forum or
law enforcing agency or any person working on his behalf.
 Any other outstanding amount.
 Once the amount under this clause is debited, the Bidder shall reimburse the Bank
Guarantee to the extent the amount is debited within 15 Working days of such debit
by Samagra Shiksha, Jammu & Kashmir, failing which it will be treated as breach of
agreement and may lead to termination of agreement with forfeiture of all amounts
including interest free Performance Bank Guarantee in favour of Samagra Shiksha,
Jammu & Kashmir
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4 Scope of Work
4.1 Supply of Sports Kits:
Service Provider needs to provide the kits at each individual School as per the given
Specifications & numbers as per the Annexure XXXX.
The indicative list of locations will be as follows:
School type Number of Schools
Primary 12,155
Upper Primary 7,564
Secondary 1,744
Senior Secondary 787

Total 22,254
4.2 Online Sports Content Portal Development

The Service Provider need to develop an online IT Portal for hosting the training content, the
Service Provider (SP) needs to develop and deploy this portal online. The Portal should be
open to all the Physical Education Trainers in the State to access. The Service Provider needs
to develop the portal, manage it for a period of 6 months and hand it over to Samagra
Shiksha, Jammu & Kashmir at the end of 6 months.
The portal should carry details for the coaching staff about various aspects of KHELO India and
staff’s knowledge enhancement on various aspects of Sports and how they can motivate
students on multiple aspects to take up sports.
The portal should have multiple Sections, such as:
4.2.1 Sports / Physical Teacher Registration

This Section should allow self-registration of the Sports / Physical Education Teachers of the
Government Schools in the State. At the time of registration, the teacher needs to provide
School & Personal details such as:
- Name
- Teacher code (if allocated)
- Email id
- School Details (School Name and UDISE Code)
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- UID / PAN details

- Mobile number
- Designation
- Sports (Taught / Played)
At successful registration in the Portal the Teacher will get a success message and the email id
shall act as user id for fur future reference with a strong password mechanism.
4.2.2 PE Teacher’s Training:

The Service Provider needs to deploy the training content on the Online Training Portal and
allow the Trainees (Physical Education Teachers) to learn at their own pace.
4.2.3 E Book
At successful registration the staff should be able to access the online e-Book for Sports with
details about various sports being taught at the School level, the book will help the Sports /
Physical Education teacher to improve his existing knowledge about various sports.
The Service Provider needs to cover the following (minimum indicative) details in the e Book:
 Origin of Sport & History
 Dimensions of Field & equipment being used
 Type of Equipment
 Number of players
 Rules & Regulations
 Famous Players in the sport
 Records in the Sport (WR, OR, NR)
 Other details about the sport
4.2.4 Assessment & Online Certification (Digital) Format

The Service Provider should design a series of tests / quizzes to assess the knowledge gained
by the Sports Faculty. The Sports / PE Faculty should be able to take online assessments after
going through the e Content online, at the end of the Quiz they should be able to view their
achievements and quiz performance.
4.2.5 Links to Sports Education Content

The Portal should host links to various non IPR Content available online on open platforms.
The teacher should also be allowed to upload various informative and self-made vide links in
the section. Links to Various Sports Benefit Schemes of State & Central Government. The
Service Provider needs to provide Samagra Shiksha, Jammu & Kashmir with a link to upload all
such details so that Samagra Shiksha, Jammu & Kashmir does not need to be dependent on
Service Provider.
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4.2.6 Information about various Sporting Facilities across State & Country
The Portal should be based on Content Management Systems allowing the Samagra Shiksha,
Jammu & Kashmir to upload the details of various sporting facilities available at the National,
State & various Districts of Jammu & Kashmir.
4.2.7 Updated Details of Sports Events – District, Division, State, Khelo India, & National Level along
with their Trial & Event Schedule
The Portal should be based on Content Management Systems allowing the Samagra Shiksha,
Jammu & Kashmir to upload the details of various sporting events held at the State & Central
Level. The Service Provider needs to develop and hand over such functionality.
4.2.8 Information About Various Sporting Scholarship Schemes

The Portal should host details of the various Sports Scholarship Schemes hosted by
Government of India & State Government under different categories. The Service Provider
also needs to provide Samagra Shiksha, Jammu & Kashmir a CMS based link to update the
content from time to time basis.
4.2.9 Information about Khelo India

The proposed portal should also host details of the KHELO India Program such as:
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4.2.10 Sports facilities availability for various sports in State & India
The Portal should also host details of the Sports Facilities availability across India and the CMS
based system should also Samagra Shiksha, Jammu & Kashmir to host / edit / add details
about the same.
4.2.11 Courses offered by various Intuitions in the field of Sports
The Portal should also host details of courses (Short & Long Term) available in the State &
Country for adopting sports as a career either in the field of:
o As a coach
o As referee
o As umpire
o As administrator
4.2.12 Content Development & Deployment on Portal

The Service Provider needs to develop an e Book filled with relevant content in terms of
sports for which sporting equipment are being supplies. The content will be uploaded on the
Portal Developed by the Service Provider.
The Content should contain details (minimum) about:

 Origin of Sport & History
 Dimensions of Field & equipment being used
 Type of Equipment
 Number of players
 Rules & Regulations
 Famous Players in the sport
 Records in the Sport (WR, OR, NR)
 Other details about the sport
4.3 Payment Schedule

 No advance payment shall be done
 All disbursement on account of this project shall be on reimbursement basis upon
submission of evidences after completion of work and full payment by the bidder
S. Milestone Timeline Payment

No. s Schedule
(Indicative)
1 Signing of Contract T0
2 Development of Training Portal T0 + 3
Months
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3 UAT of the training Portal T0 + 3.5

Months
4 Portal Go Live T0 + 4
Months
5. Sports Equipment Supply at 5000 Schools T0 + 2 20 % of the
(inclusive of all type of Schools – Primary, Months overall
Upper Primary, Secondary, Senior project
Secondary) Cost
6. Sports Equipment Supply at next 5000 T0 + 3 20 % of the
Schools summing up to 10,000 Schools Months overall
(inclusive of all type of Schools – Primary, project
Secondary)
Secondary)
Secondary)
9. Sports Equipment Supply at next 2,254 T0 + 6 20 % of the
Secondary)
4.4 Functional Requirements for the Portal:

Sr. No. Specifications- Portal
1. The portal should support Security protocols and Digital certificates for secure authentication
2. Should be based on Service Oriented Architecture that can interoperate with other applications
of Banks / Commodity Exchanges / other users using Web services as may be required for future
integration with various other Government initiative
3. Should support Bilingual (English, Hindi) features for the portal
4. Support configurable look-and-feel at portal level, page level & portal level and Portal pages
should adhere to W3C accessibility standards
5. Support menus driven by statically defined role-based access control
6. Ability to persist user’s session, including current location in portal, across browser sessions
7. Support configurable user friendly relative URLs for direct access to portal pages
8. Ability to search structured information repositories, such as databases
9. Search engine must provide preemptive access control of search results; content the user
cannot access does not appear in the search results
10. Support crawling of sites to build content indexes
11. Ability to schedule periodic crawling
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Sr. No. Specifications- Portal

12. Support relevance-based sorting of search results
13. Ability to edit indexed content metadata
14. Should support email integration
15. Access control tied to portal access control for Single Sign ON
16. Integration with search engine
17. Should support industry wide operating systems including Windows, AIX, Linux, Unix etc.
18. Should support industry wide web servers
19. Should support cross-browser running (IE, Mozilla, Firefox)
20. Should support industry wide directory servers
21. Ability to back up the portal configuration and related data while running ( Without any
downtime)
22. Ability to recover the portal configuration from a backed up copy when required
23. Provide integration with any external access manager for single sign-on (SSO) support
24. Provide role-based access control
25. Provide SSL support for HTTPS (web-based front-end) & LDAP (directory server)
26. Provide front-end protocol switching support (e.g. HTTP to HTTPS)
27. Support delegated security administration of sections of portal to super-user
28. Provide a web-based administration tool
29. Ability to manage users and group memberships
30. Portal platform’s administration tool must support the ability to create/update/delete portal
resources, such as pages etc.
31. Provide for non-intrusive monitoring of key activities and resources, such as sessions, threads,
database connections, caches, etc.
32. Provides Audit trails, auditing of user actions and history
33. Should provide workflow for processes of movement, forward, approval, rejection and
completion on work items etc.
34. The portal should provide the following interfaces
- Online web based forms
- PDF/Excel/Other etc. forms
- Batch upload – for intermediary filings
- Web Services for providing integration facility to the intermediaries.
- Text File
Technical Specs for Sporting Equipment to be added as annexure
4.5 Timelines & Service Level Agreement

This section describes the service levels to be established for the services offered by the
Bidder. The successful Bidder must comply with below-mentioned SLAs to ensure adherence
to quality, security and availability of service. The Bidder should provide adequate tools
required to capture the data for SLA verification and will submit the SLA reports on the
monthly basis to Samagra Shiksha, Jammu & Kashmir.
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 In case the Service Provider has not been able to achieve the set target in the given duration a penalty
of Rs. 1000 per month shall be levied against the Service provider
 Samagra Shiksha, Jammu & Kashmir will all necessary actions to ensure that the payments are
released within 30 Days of invoice submission
4.6 SLA Exclusions

 Any issues which are outside the scope of the bidder.
 Any delays in supply, installation, Go-live and target achievement caused due to Act of
God, Pandemic, lockdown, or any other factor beyond the control of the bidder.
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5 General Conditions of Contract

5.1 Draft Contract
THIS MASTER SERVICE AGREEMENT (“Agreement”) is made on the <***> day of

<***> 20… at <***>, India.
BETWEEN
Samagra Shiksha,
Department of School Education,

0191-2467421/3510365 (Jammu Region)
Email – jksamagrashiksha@gmail.com
hereinafter referred to as ‘Nodal Agency’ or ‘Samagra Shiksha, Jammu & Kashmir’, which
expression shall, unless the context otherwise requires, include its permitted successors and
assigns);
AND
<***>, a Company / Trust registered as per relevant laws having its registered office at <***>
(hereinafter referred to as ‘Bidder’ 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
1 Nodal Agency is desirous to implement the project
2 In furtherance of the same, Nodal Agency undertook the selection of a suitable Service
Provider through a competitive bidding process for implementing the Project and in this
behalf issued Request for Proposal (RFP) dated <***>.
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The successful Bidder has been selected as the Service Provider on the basis of the bid
response, to Proposal for Sports Kits Supply & Capacity Building Platform for Training and Assessment of
Physical Education / Sports Teachers across Government Schools in Jammu & Kashmir
NOW THEREFORE, in consideration of the mutual covenants, promises, assurances,

representations and provisions set forth herein, the Parties hereto agree as follows:
5.2 Documents
The following documents attached hereto shall be deemed to form and integral part of the
Contract agreement.
a. The complete bid document including the common set of deviation issued from time to time.
b. Minutes of the pre-bid meeting standard set of deviations/corrigendum, drawing and
instructions issued by Samagra Shiksha, Jammu & Kashmir.
c. Letter of Intent and Work Order.
d. Any other communications issued prior to signing of this agreement.
5.3 Sports Equipment

Sports Equipment supplied by the Bidder for the purpose of this project has to abide to the
following conditions:
1. Age of the sports equipment to be provided by the bidder should be brand new.
2. The Portal needs to be developed as the Functional Requirement Specifications
provided in the Section 4.4
5.4 Change Request

Post implementation of project for 3 months, if there is any change in the Government
Resolution, Policies, act or any other requirement of Samagra Shiksha, Jammu & Kashmir,
which require change / modification in the current scope of the project, then Bidder should
make those changes as required by Samagra Shiksha, Jammu & Kashmir.
Once the Bidder is selected, before signing the contract, selected Bidder should provide man
hour rate for such change requests. This rate will be mutually agreed between selected Bidder
and Samagra Shiksha, Jammu & Kashmir and will be part of the contract.
This rate will be applicable for any major change request mutually agreed between Samagra
Shiksha, Jammu & Kashmir and selected Bidder throughout the contract period.
5.5 Governing Law

Any dispute related to this RFP arising out of any particulars mentioned herein will be subject
to Jurisdiction of Ranchi only.
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5.6 Settlement of Disputes

a) The performance of the contract is governed by the terms and conditions of the contract,
in case disputes arise between the parties regarding any matter under the contract, either
Party of the contract may send a written Notice of Dispute to the other party. The Party
receiving the Notice of Dispute will consider the Notice and respond to it in writing within 30
days after receipt. If that party fails to respond within 30 days, or the dispute cannot be
amicably settled within 60 days following the response of that party, clause GCC 5.6 (b) shall
become applicable.
b) Arbitration:
i. In the case of dispute arising, upon or in relation to, or in connection with the contract
between Samagra Shiksha, Jammu & Kashmir and the successful Bidder, which has not been
settled amicably, any party can refer the dispute for Arbitration under (Indian) Arbitration and
Conciliation Act, 1996. Such disputes shall be referred to an Arbitral Tribunal consisting of
three arbitrators, one each to be appointed by the Samagra Shiksha, Jammu & Kashmir and
the successful Bidder, the third arbitrator shall be chosen by the two arbitrators so appointed
by the parties and shall act as Presiding Arbitrator. In case of failure of the two arbitrators,
appointed by the parties to reach a consensus regarding the appointment of the third
arbitrator within a period of 30 days from the date of appointment of the two arbitrators, the
Presiding arbitrator shall be appointed by the Samagra Shiksha, Jammu & Kashmir and any
statutory modification or re-enactment thereof, shall apply to these arbitration proceedings.
ii. Arbitration proceedings shall be held in Ranchi, India and the language of the arbitration
proceedings and that of all documents and communications between the parties shall be
English.
iii. The decision of the majority of arbitrators shall be final and binding upon both parties. The
expenses of the arbitrators as determined by the arbitrators shall be shared equally by
Samagra Shiksha, Jammu & Kashmir and the successful Bidder. However, the expenses
incurred by each party in connection to the preparation, presentation shall be borne by the
party itself. All arbitration awards shall be in writing and shall state the reasons for the award.
5.7 Taxes and Duties

The successful Bidder shall be entirely responsible for all taxes, stamp duties, license fees, and
other such levies imposed. The Bidder shall be entirely responsible for all taxes, stamp duties,
license fees etc. including service tax.
The type of tax and their percentages levied by the Bidder for this RFP should be mentioned
as per Annexure 4.
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5.8 Confidential Information

The Samagra Shiksha, Jammu & Kashmir and the successful Bidder shall keep confidential and
shall not, without the written consent of the other party hereto, divulge to any third party any
documents, data, or other information furnished directly or indirectly by the other party
hereto in connection with the Contract, whether such information has been furnished prior
to, during or following completion or termination of the Contract.
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Samagra Shiksha, Jammu & Kashmir shall not use such documents, data, and other
information received from the successful Bidder for any purposes unrelated to the Contract.
Similarly, the successful Bidder shall not use such documents, data, and other information
received from Samagra Shiksha, Jammu & Kashmir for any purpose other than the design,
procurement, or other work and services required for the performance of the contract.
5.9 Change in laws and Regulation

Unless otherwise specified in the Contract, if after the date of the Invitation for Bids, any law,
regulation, ordinance, order or bylaw having the force of law is enacted, promulgated,
abrogated, or changed that subsequently affects the Delivery Date and/or the Contract Price,
then such Delivery Date and/or Contract Price shall be correspondingly increased or
decreased, to the extent that the successful Bidder has thereby been affected in the
performance of any of its obligations under the Contract.
5.10 Subcontracting & Consortium:

No Consortium or Joint ventures are allowed for the bid; the bidder needs to apply as a Single
(Sole) Entity.
Bidder is not allowed to subcontract part of the Contract. The Bidder shall remain responsible
for the overall timely completion of supply of the Materials and development of the Sports
Education Portal. Materials to be supplied under this Contract shall be procured by bidder as
per specification and quality standard specified in Technical Specification.
Bidder shall comply fully with the terms of this RFP applicable to the Sports Equipment and
Software to be supplied by them.
Bidder shall furnish original documents showing manufacturing and shipment details of the
material.
5.11 Force Majeure

The successful Bidder shall not be liable for forfeiture of its Performance Security, liquidated
damages, or termination for default if and to the extent that it’s delays in performance or
other failure to perform its obligations under the Contract is the result of an event of Force
Majeure. Force Majeure shall not cover the price fluctuation of components.
For purposes of this Clause, Force Majeure means an event or situation beyond the control of
the successful Bidder that is not foreseeable, is unavoidable, and its origin is not due to
negligence or lack of care on the part of the successful Bidder. Such events may include, but
not be limited to, acts of Samagra Shiksha, Jammu & Kashmir in its sovereign capacity, wars or
revolutions, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts, act
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of God and freight embargoes.
If a Force Majeure situation arises, the successful Bidder shall promptly notify Samagra
Shiksha, Jammu & Kashmir in writing of such conditions and the cause thereof. Unless
otherwise directed by Samagra Shiksha, Jammu & Kashmir in writing, the successful Bidder
shall continue to perform its obligations under the Contract as far as it is reasonably practical
and shall seek all reasonable alternative means for performance not prevented by the Force
Majeure event.
5.12 Extension of Time

If at any time during performance of the Contract, the successful Bidder encounter conditions
impeding timely delivery of the Services, the successful Bidder shall promptly notify Samagra
Shiksha, Jammu & Kashmir in writing of the delay, its likely duration, and its cause. As soon as
practicable after receipt of the successful Bidder ’s notice, Samagra Shiksha, Jammu &
Kashmir shall evaluate the situation and may at its discretion extend the successful Bidder ’s
time for performance in writing. Delay by the successful Bidder in the performance of its
Delivery and Completion obligations shall render the Bidder liable for disqualification for any
further bids in Samagra Shiksha, Jammu & Kashmir, unless an extension of time is agreed
mutually.
5.13 Termination
a. Samagra Shiksha, Jammu & Kashmir may, without prejudice to any other remedy for
breach of Contract, terminate this Contract in case of the occurrence of any of the events
specified in paragraphs (a) through (k) of this GCC Clause 5.13
b. If the successful Bidder does not remedy a failure in the performance of their obligations
under the Contract, within thirty (30) days after being notified in writing or within any
further period as Samagra Shiksha, Jammu & Kashmir may have subsequently approved in
writing.
c. If the successful Bidder becomes insolvent or goes into liquidation, or receivership
whether compulsory or voluntary.
d. If the successful Bidder, in the judgment of Samagra Shiksha, Jammu & Kashmir has
engaged in corrupt or fraudulent practices in competing for or in executing the Contract.
e. If the successful Bidder submits to the Samagra Shiksha, Jammu & Kashmir a false
statement which has a material effect on the rights, obligations or interests of Samagra
Shiksha, Jammu & Kashmir.
f. If the successful Bidder places itself in a position of conflict of interest or fails to disclose
promptly any conflict of interest to Samagra Shiksha, Jammu & Kashmir.
g. If the successful Bidder fails to provide the quality services as envisaged under this
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Contract, Samagra Shiksha, Jammu & Kashmir may make judgment regarding the poor
quality of services, the reasons for which shall be recorded in writing. Samagra Shiksha,
Jammu & Kashmir may decide to give one chance to the successful Bidder to improve the
quality of the services.
h. If the successful Bidder fails to comply with any final decision reached as a result of
arbitration proceedings.
i. If, as the result of Force Majeure, the successful Bidder is unable to perform a material
portion of the Services for a period of not less than 60 days
j. In any event, Samagra Shiksha, Jammu & Kashmir is entitled to terminate if and only if the
breach is not remedied within a stipulated time period.
k. In the event Samagra Shiksha, Jammu & Kashmir terminates the Contract in whole or in
part, pursuant to point (a) to (j) of GCC Clause 5.12 Samagra Shiksha, Jammu & Kashmir
may procure, upon such terms and in such manner as it deems appropriate, services
similar to those undelivered or not performed, and the successful Bidder shall be liable to
Samagra Shiksha, Jammu & Kashmir for any additional costs for such similar services.
However, the successful Bidder shall continue performance of the Contract to the extent
not terminated.
5.14 Conflicts of Interest

 A Bidder shall not have a conflict of interest that may affect the Selection Process or the
Solution delivery (the “Conflict of Interest”). Any Bidder found to have a Conflict of
Interest shall be disqualified. In the event of disqualification, the Samagra Shiksha, Jammu
& Kashmir shall forfeit and appropriate the EMD, if available, as mutually agreed genuine
pre-estimated compensation and damages payable to the Purchaser for, inter alia, the
time, cost and effort of the Samagra Shiksha, Jammu & Kashmir including consideration of
such Bidder’s Proposal, without prejudice to any other right or remedy that may be
available to the Samagra Shiksha, Jammu & Kashmir hereunder or otherwise.
 The Samagra Shiksha, Jammu & Kashmir requires that the Implementation Agency
provides solutions which at all times hold the Purchaser’s interest’s paramount, avoid
conflicts with other assignments or its own interests, and act without any consideration
for future work. The Systems Implementation Agency shall not accept or engage in any
assignment that would be in conflict with its prior or current obligations to other clients,
or that may place it in a position of not being able to carry out the assignment in the best
interests of the Samagra Shiksha, Jammu & Kashmir.
 Bidder shall be deemed to have a Conflict of Interest affecting the Selection Process, if:
i. The Bidder, or Associates (or any constituent thereof) and any other Bidder, or
Associate (or any constituent thereof) have common controlling shareholders or
other ownership interest; provided that this disqualification shall not apply in cases
where the direct or indirect shareholding or ownership interest of an Bidder, its
Member or Associate (or any shareholder thereof having a shareholding of more
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than 5 per cent of the paid up and subscribed share capital of such Bidder, Member
or Associate, as the case may be) in the other Bidder, or Associate is less than 5%
(five per cent) of the subscribed and paid up equity share capital thereof. For the
purposes of this Clause, indirect shareholding held through one or more
intermediate persons shall be computed as follows:
 where any intermediary controlled by a person through management
control or otherwise, the entire shareholding held by such controlled
intermediary in any other person (the “Subject Person”) shall be taken into
account for computing the shareholding of such controlling person in the
Subject Person; where a person does not exercise control over an
intermediary, which has shareholding in the Subject Person, the
computation of indirect shareholding of such person in the Subject Person
shall be undertaken on
 a proportionate basis; provided, however, that no such shareholding shall
be reckoned under this Sub-clause if the shareholding of such person in the
intermediary is less than 26% (twenty-six per cent) of the subscribed and
paid up equity shareholding of such intermediary; or
ii. a constituent of such Bidder is also a constituent of another Bidder; or
iii. such Bidder or its Associate receives or has received any direct or indirect subsidy
or grant from any other Bidder or its Associate; or
iv. such Bidder has the same legal representative for purposes of this Application as
any other Bidder; or
v. such Bidder has a relationship with another Bidder, directly or through common
third parties, that puts them in a position to have access to each other’s’
information about, or to influence the Application of either or each of the other
Bidder; or
vi. A firm hired to provide System Integration/Turnkey solutions for the
implementation of a project, and its Members or Associates, will be disqualified
from subsequently providing goods or works or services related to the same
project;
5.15 Code of Integrity

No official of a procuring entity or a Bidder shall act in contravention of the codes of ethics
5.16 Corrupt or fraudulent practices

Samagra Shiksha, Jammu & Kashmir requires that the successful bidder must observe the
highest standard of ethics during the performance and execution of this contract. For this
purpose, the following definitions of unethical behavior will be assumed:
1. “Corrupt practice” means offering, giving, receiving or soliciting of anything in value
or favour to influence the action of Samagra Shiksha, Jammu & Kashmir official in
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contract executions, and

2. “Fraudulent practice” means a miss-representation of facts in order to influence
execution of a contract to the detriment of the interests of the Samagra Shiksha,
Jammu & Kashmir.
In case of any Bidder being found to be indulging in unethical practices, Samagra Shiksha,
Jammu & Kashmir may terminate the contract and take legal action against successful bidder
as well as recover amount of liquidated damage. Samagra Shiksha, Jammu & Kashmir may
also declare the successful bidder blacklisted either indefinitely or for a stated period, for
bidding in future works.
5.17 Data Protection

1. While providing the services, the successful bidder may be compiling, processing
and storing proprietary data relating to the users. The successful bidder is
responsible for complying with its respective obligations under the applicable data
protection laws and regulations governing the proprietary Data.
2. The successful bidder is required to follow the best practices for the data security
regarding all the data made available to them.
3. The successful Bidder shall not transfer any Data unless otherwise authorized by
the Samagra Shiksha, Jammu & Kashmir in this regard.
5.18 Confidentiality
1. Successful bidder will come into possession of confidential public records. Bidder
shall maintain the highest level of secrecy, confidentiality and privacy with regard
thereto. Bidder would be required to sign a Non-Disclosure Agreement with
Samagra Shiksha, Jammu & Kashmir as per format prescribed in the RFP
2. Additionally, the Successful Bidder shall keep confidential all the details and
information regarding the Project, including systems, facilities, operations,
management and maintenance of the systems, during implementation or after
completion of the project.
3. The Successful Bidder shall ensure that all its employees execute individual
nondisclosure agreements, which have been duly approved by Samagra Shiksha,
Jammu & Kashmir with respect to this Project.
5.19 General Conditions

1. Successful Bidder shall be deemed, to have exhaustively examined the Bid
Document, to obtain all information and clarifications on all matters whatsoever,
that might affect the carrying out of the work and to have satisfied himself as to the
adequacy of the Bid. Bidder is deemed to have known the scope, nature and
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magnitude of the work and as to all work he should complete in accordance with
the contracts, whatever be the defects, omissions or errors that may be found in
the Bid document.
2. Any negligence or omission or failure on the part of the successful bidder in
obtaining necessary and reliable information as stated above or on any other
matter affecting the successful Bidder shall not relieve him from any risks or
liabilities or the entire responsibility for completion of the work in accordance with
the Bid Document.
5.20 Notices
Any notice, request or consent required or permitted to be given or made in this
contract shall be in writing. Any such notice/ request shall be deemed to have been
given or made when delivered in person to the authorized representative of the party
to whom the communication is addressed or sent by registered mail or email to such
party.
5.21 Exit management or Transition

Upon the termination of contract, successful Bidder shall execute the following
responsibilities:
1. Selected Bidder shall start executing the knowledge transfer process to Samagra
Shiksha, Jammu & Kashmir or any agency nominated Samagra Shiksha, Jammu &
Kashmir before day of exit. In case the knowledge transfer is not complete before
the date of exit of successful bidder, Samagra Shiksha, Jammu & Kashmir shall
extend the date of exit and shall exit only after the complete knowledge transfer is
done. Completion of this process shall be approved by Samagra Shiksha, Jammu &
Kashmir.
2. Selected Bidder shall document technical and non-technical areas and handover the
same to Samagra Shiksha, Jammu & Kashmir before the exit.
3. All documents, source codes, data dump or any other deliverables / material
created as a part of the project shall be handed over by the bidder to Samagra
Shiksha, Jammu & Kashmir before the exit. Bidder to provide Knowledge transfer of
entire source code to Samagra Shiksha, Jammu & Kashmir post Go-Live and
periodically share the source code to Samagra Shiksha, Jammu & Kashmir with
required knowledge transfer.
4. Any other knowledge transfer that is required by Samagra Shiksha, Jammu &
Kashmir shall be completed by the bidder before exit. Samagra Shiksha, Jammu &
Kashmir shall ask the bidder to provide the handover to any of the newly appointed
agencies or any other Samagra Shiksha, Jammu & Kashmir representatives.
5.22 Limitation of Liability

1. The aggregate liability of Service Provider (whether in contract, tort, negligence,
strict liability in tort, by statute or otherwise) for any claim in any manner related to
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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
exceed the total value of the contract payable under this Agreement.
2. 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 profits, or lost savings) nor for any third-party claims
even if it has been advised of their possible existence.
3. The allocations of liability in this Section 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.
5.23 Binding Clause

All decisions taken by the Samagra Shiksha, Jammu & Kashmir regarding the
processing of this tender and award of contract shall be final and binding on all
parties concerned.
5.24 Change Orders for Software Implementation

The Samagra Shiksha, Jammu & Kashmir may, at any time, by written order given to
Successful bidder make changes within the scope of the contract in any one or more
of the following:
1. Designs, specifications, requirements which software or service to be provided
under the Contract are to be specifically developed / rendered for the Samagra
Shiksha, Jammu & Kashmir
2. The Services to be provided by the successful bidder.
3. Training of personnel of Samagra Shiksha, Jammu & Kashmir in terms of
hours/subjects will be without any additional cost.
4. If any such change causes an increase or decrease in the cost of, or the time
required for, the successful bidder’s performance of any provisions under the
Contract, equitable adjustments shall be made in the Contract Price or delivery
schedule, or both, and the Contract shall accordingly be amended. Any claims by
the successful bidder for adjustment under this clause must be asserted within
thirty (30) days from the date of the successful bidder’s receipt of the Samagra
Shiksha, Jammu & Kashmir’s change order.
5. Any changes required in the portal application shall be dealt according to the
Change Management Process defined in Section 5.4 of this document.
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5.25 Assignments
The Successful Bidder shall not assign the project to any other agency, in whole or in
part, to perform its obligation under the Contract, without Samagra Shiksha, Jammu
& Kashmir’s prior written consent.
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6 Annexures:
6.1 Annexure: Request for Clarification

The Bidders requiring specific points of clarification should communicate with Samagra
Shiksha, Jammu & Kashmir during the specified period using the following format:
BIDDERS REQUEST FOR CLARIFICATION
<<Name of Organization with submitting query / request for clarification>>
RFP Ref Number: Samagra Shiksha, Jammu & Tel:

Kashmir/TENDER/2021/XX
Proposal for Selection of an entity for “Sports Kits Supply & Fax:
Capacity Building Platform for Training and Assessment of Physical
Education / Sports Teachers across Government Schools in Jammu
& Kashmir”
<<Full formal address of the Organization including phone, fax and Email:
email points of contact>>
Sr. No RFP Reference (Section Content of RFP Points of
No: / Page Number) requiring Clarification clarification
required
Section No: Page No:
Signature and Stamp of the

Bidder Date:
Place:
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6.2 Annexure 2- Pre-Qualification Bid Documents

Compliance to
the document Pg. #
Sr.
Documents To be submitted (as per Pre-Qualification Yes/ No/
No
Criteria) NA
1 Pre-Qualification Bid document Checklist filled with necessary

details (Annexure 2)
2 e-payment receipt of RFP Price of Rs. 5,000/- (Five Thousand
only) as RFP Fees & Rs. 1,000/- as Bid Processing Fees a total of
Rs. 6,000/- (Rs. Six Thousand Only)
3 e-payment receipt of EMD Rs. 5,00,000/- (Five lakhs only)
4 Authorization Letter on company letter head
5 Self attested copy of PAN/TAN card for Bidder
6 GSTIN certificate for e Bidder
7 Photo Copy of GST paid receipt up to Year March 2021 from
concerned Office
8 Declaration Certificate by Bidder (Annexure 9)
9 No Deviation Statement: (Citation in Pre-Qualification Section
3.16)
10 Copy of Certificate of Incorporation issued by Registrar of
Companies.
In case of Trust/ Society, Valid Registration of respective
Government Departments, Or proof of application for
revalidation Registration
11 Work orders / completion certificate or undertaking from bid

submitting authority
12 a. MoU/ Contract Copy and Work order for managing /

providing Sports Equipment in at least 3 CBSE / ICSE / State
Boards affiliated K – 12 Schools in the last 3 Financial Years
b. MoU/ Contract Copy and Work order for managing /
implementing IT Based / Online Teacher’s Training portal
for at least 3 K – 12 Schools
13 CA Certificate depicting turnover of last 3 financial years (FY
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2017 – 18; FY 2018 – 19 & FY 2019 – 20) &

Certificate from CA for positive net worth each year in the last
3 financial years ((FY 2017 – 18; FY 2018 – 19 & FY 2019 – 20).
14 HR Certificate for manpower strength (contractual / fulltime)
15 An undertaking duly signed by the HR head of the organization
along with details of total manpower employed with the firm –
Permanent & Contractual.
16 Declaration by authorized signatory of the Bidder regarding
ineligibility / banned / blacklisted by any State or Central
Government / any other Government institutions in India for
any reason as on last date of submission of the Bid.
17 Any other document
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6.3 Annexure 3. Template for Technical Bid to be submitted online
(To be submitted on the letterhead of the Bidder)
{Location, Date}
To
State Project Director,
Samagra Shiksha,

0191-2467421/3510365 (Jammu Region)
Ref: Samagra Shiksha, Jammu & Kashmir/TENDER/2021/XX
Subject: Submission of Bid in response to the RFP for “Sports Kits Supply & Capacity Building
Platform for Training and Assessment of Physical Education / Sports Teachers across
Government Schools in Jammu & Kashmir”
Dear Sir,
Having examined the RFP document, we, the undersigned, herewith submit our Bid in
response to your Samagra Shiksha, Jammu & Kashmir/TENDER/2021/XX…………to Proposal for
Sports Kits Supply & Capacity Building Platform for Training and Assessment of Physical
Education / Sports Teachers across Government Schools in Jammu & Kashmir
We have read the provisions of the RFP document and confirm that we accept these. We further
declare that additional conditions, variations, deviations, if any, found in our Bid shall not be
given effect to.
1. We agree to abide by this Bid, consisting of this letter, the detailed response to the
RFP and all attachments, for a period of 180 days from the date of submission of bid.
2. We would like to declare that we are not involved in any litigation that may have an
impact of affecting or compromising the delivery of services as required under this
assignment, and we are not under a declaration of ineligibility for corrupt or
fraudulent practices.
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3. We would like to declare that there is no conflict of interest in the services that we
will be providing under the terms and conditions of this RFP.
4. We hereby declare that all the information and statements made in this Bid are true
and accept that any misrepresentation contained in it may lead to our
disqualification.
5. We understand you are not bound to shortlist/accept any or all the Bids you receive.
Signature and Stamp of the Bidder
Date:
Place:
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Following is the checklist of documents to be uploaded sequentially on Mahatender by the

Bidder for the Technical Qualification Bid (Envelop A) along with the above covering letter.
Sr. Documents to be uploaded Compliance to Page

No documents Nos
Yes/No/ NA
1 Technical Qualification Bid Document Checklist filled with
necessary details (Annexure 3)
2 Work orders / Completion certificates / Undertaking
from the relevant Authority engaging the services
regarding Bidders experience of working with Central /
Undertaking by Bid Submitting Authority / State
Educational Institution / Trusts involved in K 12
Education
3 Work orders / Completion certificates / Undertaking

from the relevant Authority engaging the services
regarding Bidders experience of working with Central /
Undertaking by Bid Submitting Authority / State
Educational Institution / Trusts involved in managing /
implementing IT Based / Online Teacher’s Training
portal for at least 3 K – 12 Schools
4 Duly filled Annexure 6 for the respective projects
5 Manufacturer Authorization form(MAF) for sports

equipment
6 Letter from HR clearly / Bid Submitting Authority /

Authorized Signatory stating the number of employees
on payroll – contractual / permanent
Note:
1. Bidder should produce the original documents at the time of Scrutiny if required.
2. All the documents uploaded should be stamped and signed by Authorised Signatory.
3. The Bidder or authorized representative should be present during the scrutiny. The
Authorized representative should have the authority letter signed and stamped along
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with them.
4. Only relevant documents as per the checklist to be uploaded.
5. Committee decision is final during verification through original documents produced by
Bidder at the time of scrutiny.
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6.4 Annexure 4. Commercial Bid to be submitted online
Format of Commercial Bid
Quote for SETTING UP AND MAINTENANCE OF
“Sports Kits Supply & Capacity Building Platform for Training and Assessment of Physical Education / Sports
Teachers across Government Schools in Jammu & Kashmir”
XXXX XXXX XXXX XXXX

XXXX XXXX XXXX XXXX
XXXX XXXX XXXX XXXX
XXXX XXXX XXXX XXXX
XXXX XXXX XXXX XXXX
Note: -
1. Bidder will quote prices of all the items mentioned above inclusive of all taxes
2. The Prices are inclusive of transportation to a Centralized location at Ranchi, it will

be responsibility of Samagra Shiksha, Jammu & Kashmir to further arrange for
transportation of Sports Equipment to individual locations / schools
3. The prices are exclusive of internal transfer to locations / schools

4. Any conditional bids can be summarily rejected.
5. Evaluation of the bid shall be done on QCBS method where the Commercial quote
will have 30 % weightage and technical score will have 70 % weightage
6. All the revenue/receipts and expenditure/disbursement shall be operated through
a designated account of Samagra Shiksha, Jammu & Kashmir.
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6.5 Annexure5. Format for Performance Bank Guarantee
To
Samagra Shiksha,
0191-2467421/3510365 (Jammu Region)
Dear Sirs,
Whereas you intent to enter into a contract, as per your Letter of Acceptance, Reference No.
dated ( Hereinafter referred to as "the contract") with M/s
as vendor to Sports Kits Supply & Capacity Building Platform for Training
and Assessment of Physical Education / Sports Teachers across Government Schools in Jammu
& Kashmirand whereas the vendor has undertaken to produce a performance cum warranty
bond for amount of Rs
being equal to 5 % of the annual performance value of the services to be delivered as specified
in Samagra Shiksha, Jammu & Kashmir/TENDER/2021/XX dated
referred to
as "contract” to secure its obligations to the beneficiary with respect to the services specified
in the invoice.
1. We (Name of the Bank), hereby expressly, irrevocably, and

unreservedly undertake and guarantee as principal obligators on behalf of the vendor that in
the event that the beneficiary submits a written demand to us stating that the vendor has not
performed according to the terms and conditions of the contract, we will pay you on demand
and without demur any sum up to a maximum amount of (5% of the annual performance
value). Any claims must bear the confirmation of your bankers that the signatures thereon are
authentic. Your written demand shall be conclusive evidence to us that such written demand.
For the avoidance of doubt any documents received by way of facsimile or similar electronic
means is/are not acceptable for any purpose(s) under this guarantee.
2. We shall not be discharged or released from this undertaking and guarantee by any
arrangements, variations made between beneficiary and the vendor or any forbearance
whether as to payment, time performance or otherwise.
3. In no case shall the amount of the guarantee be increased.
4. Unless a demand under this guarantee is received by us in writing on or before the

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expiry date (unless this guarantee is extended by the seller), all your rights under this
guarantee shall be forfeited, and we shall be discharged from the liabilities hereunder.
5. This guarantee shall be a continuing guarantee (which means guarantee will also be
valid if the bank is in under liquidation or bankruptcy) and shall not be discharged by any
change in the constitution of the bank or in the constitution of the vendor.
6. Please return this letter of guarantee immediately after our liability thereafter has
ceased to be valid.
7. Our liability under this guarantee will cease to be valid even if the guarantee deed is
not returned to us.
8. This third party without our prior written consent.
9. This guarantee shall be governed by Indian Law. This guarantee is valid until the
<<mention date>>.
Signature and Seal of

Guarantors Date: Address:
Note:
The PBG shall be valid up to Ninety days (90) days beyond the term of the Contract (Contract
Period+90 days) including any subsequent term extension.
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6.6 Annexure 6. Citation for Experience of Bidder
Sr. Detail of Detail of Project Detail of Project

Item
No Project 1 2 N
1 Name of the Project
2 Date of Work Order
3 Client Details with

address and contact
numbers
4 Scope of Work
5 Contract Value
6 Name and
Address/Telephone
No./email of officer to
whom reference may be
made
7 Completion Date
8 Additional Information if
any
Name of the Bidder:
Signature of Authorized Signatory:
Seal of the Organization:
Note: The Bidder should submit feedback from respective clients along with this citation
Additional annexures – Project specific
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6.7 Annexure 7. Declaration by Bidder
(To be submitted on the letterhead of the Bidder and signed by Authorized personnel only)
To

0191-2467421/3510365 (Jammu Region)
Declaration by Bidder
I, the undersigned, hereby declare that I shall abide by all the clauses, terms and conditions
mentioned in the RFP and / corrigendum and / clarifications resulting from the pre-bid queries
of Samagra Shiksha, Jammu & Kashmir/TENDER/2021/XX RFP for Selection of Agency for
REQUEST FOR PROPOSAL (RFP) FOR Sports Kits Supply & Capacity Building Platform for
Training and Assessment of Physical Education / Sports Teachers across Government Schools
in Jammu & Kashmirand do here by solemnly affirms and declares that all information and
particulars furnished in compliance with RFP by me is true and correct to the best of my
knowledge.
If in case any information given in this submission of bid proves to be false or incorrect, I shall
be responsible for the consequences and my claim to bid for this RFP will be rejected at any
point of time.
Name & Address of the Bidder:
Place:
Date: (Signature & official seal of company)
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6.8 Annexure 8. Manufacturer Authorization Form (MAF)
(To be submitted on the letterhead of the OEM and signed by Authorized personnel only)
To
State Project Director ,

0191-2467421/3510365 (Jammu Region)
Subject – OEM Manufacturer Authorization Form
Reference: RFP for Sports Kits Supply & Capacity Building Platform for Training and Assessment
of Physical Education / Sports Teachers across Government Schools in Jammu & Kashmir
Dear Sir,
We (name & address of the manufacturer) who are established and

reputed manufacturers of having factories at
(addresses of manufacturing locations) do hereby authorize
M/s (name and address of the Bidder ) to bid, negotiate and
conclude the contract with you against the above mentioned tender for the above equipment
manufactured or developed by us.
We also certify that the equipment provided by us <Description of the Product like Make,
Model No, etc.> are not end of life products.
Yours faithfully
For and on behalf of M/s (Name of the manufacturer)
Signature
Name
Designation
Address
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6.9 Annexure 9: Non-Disclosure Agreement

(To be provided on the Company letterhead by bidder)
WHEREAS, we the undersigned Bidder, , having our

principal place of business or registered office at , are desirous of
bidding for RFP No. <<>> dated <<DD-MM-2021>> “>> Proposal for Sports Kits Supply &
Capacity Building Platform for Training and Assessment of Physical Education / Sports
Teachers across Government Schools in Jammu & Kashmir”, hereinafter referred to as
‘Purchaser'
and,
WHEREAS, the Bidder is aware and confirms that the Purchaser’s business or operations,
information, personal and data, business data and other information or documents made
available by the Purchaser in the RFP documents during the bidding process and thereafter, or
otherwise (confidential information for short) is privileged and strictly confidential and or
proprietary to the Purchaser,
NOW THEREFORE, in consideration of disclosure of confidential information, and in order to

ensure the Purchaser’s grant to the Bidder of specific access to Purchaser’s confidential
information, property, information systems, network, databases and other data, the Bidder
agrees to all of the following conditions.
It is hereby agreed as under:
1. The confidential information to be disclosed by the Purchaser under this Agreement

(“Confidential Information”) shall include without limitation, any and all information in
written, representational, electronic, verbal or other form relating directly or indirectly to
processes, methodologies, algorithms, risk matrices, thresholds, parameters, reports,
deliverables, work products, specifications, architecture, project information, security or
zoning strategies & policies, related computer programs, systems, trend analysis, risk
plans, strategies and information communicated or obtained through meetings,
documents, correspondence or inspection of tangible items, facilities or inspection at any
site to which access is permitted by the Purchaser.
Confidential Information disclosed shall be marked as "Confidential" or if incapable of
marking, communicated as "confidential" in writing at the time of disclosure. Confidential
Information shall exclude information developed independent of the Confidential
Information. Further, notice in case of compelled disclosure shall be made only if
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permitted by law.
2. Confidential Information does not include information which:

a. the Bidder knew or had in its possession, prior to disclosure, without limitation on its
confidentiality;
b. information in the public domain as a matter of law;
c. is obtained by the Bidder from a third party without any obligation of confidentiality;
d. the Bidder is required to disclose by order of a competent court or regulatory authority;
e. is released from confidentiality with the written consent of the Purchaser.
The Bidder shall have the burden of proving hereinabove are applicable to the information in
the possession of the Bidder.
3. The Bidder agrees to hold in trust any Confidential Information received by the Bidder, as
part of the Tendering process or otherwise, and the Bidder shall maintain strict
confidentiality in respect of such Confidential Information, and in no event a degree of
confidentiality less than the Bidder uses to protect its own confidential and proprietary
information. The Bidder also agrees:
a. to maintain and use the Confidential Information only for the purposes of bidding for
this RFP and thereafter only as expressly permitted herein;
b. to only make copies as specifically authorized by the prior written consent of the
Purchaser and with the same confidential or proprietary notices as may be printed or
displayed on the original;
c. to restrict access and disclosure of Confidential Information to their employees, agents
and representatives strictly on a "need to know" basis, to maintain confidentiality of
the Confidential Information disclosed to them in accordance with this clause; and
d. to treat Confidential Information as confidential unless and until Purchaser expressly
notifies the Bidder of release of its obligations in relation to the said Confidential
Information.
4. Notwithstanding the foregoing, the Bidder acknowledges that the nature of activities to be
performed as part of the Tendering process or thereafter may require the Bidder’s
personnel to be present on premises of the Purchaser or may require the Bidder’s
personnel to have access to Teacher’s / Schools Data, software, hardware, computer
networks, databases, documents and storage media of the Purchaser while on or off
premises of the Purchaser. It is understood that it would be impractical for the Purchaser
to monitor all information made available to the Bidder’s personnel under such
circumstances and to provide notice to the Bidder of the confidentiality of all such
information.
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Therefore, the Bidder shall disclose or allow access to the Confidential Information only to
those personnel of the Bidder who need to know it for the proper performance of their
duties in relation to this project, and then only to the extent reasonably necessary. The
Bidder shall take appropriate steps to ensure that all personnel to whom access to the
Confidential Information is given are aware of the Bidder’s confidentiality obligation.
Further, the Bidder shall procure that all personnel of the Bidder are bound by
confidentiality obligation in relation to all proprietary and Confidential Information
received by them which is no less onerous than the confidentiality obligation under this
agreement.
5. The Bidder shall establish and maintain appropriate security measures to provide for the
safe custody of the Confidential Information and to prevent unauthorised access to it.
6. The Bidder agrees that upon termination or expiry of this Agreement or at any time during
its currency, at the request of the Purchaser, the Bidder shall promptly deliver to the
Purchaser the Confidential Information and copies thereof in its possession or under its
direct or indirect control, and shall destroy all memoranda, notes and other writings
prepared by the Bidder or its Affiliates or directors, officers, employees or advisors based
on the Confidential Information and promptly certify such destruction.
7. Confidential Information shall at all times remain the sole and exclusive property of the
Purchaser. Upon completion of the Tendering process and or or termination of the
contract or at any time during its currency, at the request of the Purchaser, the Bidder
shall promptly deliver to the Purchaser the Confidential Information and copies thereof in
its possession or under its direct or indirect control, and shall destroy all memoranda,
notes and other writings prepared by the Bidder or its Affiliates or directors, officers,
employees or advisors based on the Confidential Information within a period of sixty days
from the date of receipt of notice, or destroyed, if incapable of return. The destruction
shall be witnessed and so recorded, in writing, by an authorized representative of the
Purchaser. Without prejudice to the above the Bidder shall promptly certify to the
Purchaser, due and complete destruction and return. Nothing contained herein shall in
any manner impair rights of the Purchaser in respect of the Confidential Information.
8. In the event that the Bidder hereto becomes legally compelled to disclose any Confidential
Information, the Bidder shall give sufficient notice and render best effort assistance to the
Purchaser to enable the Purchaser to prevent or minimize to the extent possible, such
disclosure. Bidder shall not disclose to a third party any Confidential Information or the
contents of this RFP without the prior written consent of the Purchaser. The obligations of
this Clause shall be satisfied by handling Confidential Information with the same degree of
care, which the Bidder applies to its own similar Confidential Information but in no event
less than reasonable care.
For and on behalf of:
(BIDDER)
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Authorised Signatory Office Seal:
Name: Place:
Designation: Date :
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6.10 Annexure 10 - Format for Power of Attorney to Authorize Signatory

POWER OF ATTORNEY
[To be executed on non-judicial stamp paper of the appropriate value in accordance with
relevant Stamp Act. The stamp paper to be in the name of the company who is issuing the
power of attorney.]
We, M/s. (name of the firm or company with address of the registered office) hereby
constitute, appoint and authorise Mr. or Ms. (Name and residential address) who is
presently employed with us and holding the position of , as our Attorney to do in our
name and our behalf all or any of the acts, deeds or things necessary or incidental to our RFP
for the Project (name of the Project), including signing and submission of the RFP response,
participating in the meetings, responding to queries, submission of information or documents
and generally to represent us in all the dealings with Client or any other Government Agency
or any person, in connection with the works until culmination of the process of bidding till the
Project Agreement is entered into with (Client) and thereafter till the expiry of
the Project Agreement.
We hereby agree to ratify all acts, deeds and things lawfully done by our said Attorney
pursuant to this power of attorney and that all acts, deeds and things done by our aforesaid
Attorney shall and shall always be deemed to have been done by us.
Dated this the day of 2021
(Signature and Name of authorized signatory)
(Signature and Name in block letters of all the remaining partners of the firm Signatory for the
Company)
Seal of firm Company
Witness 1: Witness 2:
Notes:
a. To be executed by all the members individually.

b. 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
executant(s) and when it is so required the same should be under common seal
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affixed in accordance with the required procedure.
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Technical Qualification Proposal for Engagement of a Service Provider for “CEMS Strategic
Transformation, Management and Operations”
6.11 Annexure 11 - Format for Non-Blacklisting of the Organization
I/we, the undersigned, do hereby certify that all the statements made in the required
attachments are true and correct.
2. The undersigned also hereby certifies that neither our firm

have abandoned any work under Government of
India or Government of Jammu & Kashmirnor any contract awarded to us for such
works have been rescinded, during last three years prior to the date of this bid.
3. The undersigned hereby authorize(s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by the
Department to verify this statement or regarding my (our) competence and general
reputation.
4. The undersigned binds himself with all the stipulations of the Bidding Document
including period of completion, provision of adequate equipment, personnel and other
resources required for completion within the stipulated completion period and agrees
to augment them, if found necessary for timely completion of the project, as desired by
the employer.
5. The undersigned has never been convicted by any court of law for any of the offences
under any Indian/ foreign laws.
6. In response to the Request for Proposal for project, I/ We hereby declare that presently
our Company/ firm has an unblemished record and is not declared
ineligible for corrupt and fraudulent practices, either indefinitely or for a particular
period of time, by any State/ Central ministry or any other government department, and
not on the list of blacklisted. We further declare that presently our Company/ firm
is not blacklisted/ debarred and not declared ineligible for
reasons other than corrupt and fraudulent practices by any State/ Central ministry or
other government department. If this declaration is found to be incorrect and / or
misleading then without prejudice to any other action that may be taken, my/ our
security may be forfeited in full, and the tender, if any, to the extent accepted, may be
cancelled.
(Signature of Authorized Officer of the organization)
Name of Authorized Signatory…………………………………………..
Name of Organization ………………………………..
Date……
Contact details…………
74 | P a g e
Technical Qualification Proposal for Engagement of a Service Provider for “CEMS Strategic
Transformation, Management and Operations”
Note: In case of any wrong / incorrect declaration submitted by the bidder, as requested by
Samagra Shiksha, Jammu & Kashmir in the course of evaluation of the proposal, the
proposal will be rejected at any stage of evaluation or during implementation.
75 | P a g e

Jammu and Kashmir Sports RFP v-0.1

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REQUEST FOR PROPOSAL (RFP)

Bid Reference #: XXXXXX

Bid Issuance Date:

REQUEST FOR PROPOSAL (RFP)

Samagra Shiksha – Department of School Education

Senior Secondary 787

3.25 Acknowledgement of Understanding.......................................................................................................

5.14 Conflicts of Interest..................................................................................................................................

Samagra Shiksha, Jammu & Kashmir reserves the right

 To not proceed with the project

 To alter the timetable reflected in this document

International Bidders are requested to prefix 91 as country code

1.1 Key Events and Dates

Sr. No Information Details

Opposite Guruduwara, N.H. by pass Road, Channi

Phone- 0194-2435895/3512099 (Kashmir Region)

Opposite Guruduwara, N.H. by pass Road, Channi

Phone- 0194-2435895/3512099 (Kashmir Region)

1.2 OTHER IMPORTANT INFORMATION RELATED TO BID

Sr. No Information Details

The Major Objectives of the Program are as follows:

 Developing and maintaining good relationships between students

The number of schools may vary at the time of final allocation.

3 REQUEST FOR PROPOSAL PROCESS

3.1 General Information and Guidelines

3.2 Instructions to Bidder

3.3 RFP Document Price

3.4 Earnest Money Deposit (EMD)

The EMD stands forfeited in the following conditions:

Opposite Guruduwara, N.H. by pass Road, Channi Rama-Jammu

Phone- 0194-2435895/3512099 (Kashmir Region)

0191-2467421/3510365 (Jammu Region)

3.5 Pre-Bid Queries and Pre-Bid Meeting on RFP

3.6 Response to Pre-Bid Queries / Corrigendum / Amendment to the RFP

In order to allow Bidders a reasonable time to take the supplement / corrigendum /

3.7 Completeness of Response

understanding of its implications.

3.8 Proposal Preparation Cost

3.9 Right to Termination

3.10 Authentication of Bids

3.11 Interlineation of Bids

3.12 Late Bids

3.13 Patent Claim

3.14 Intellectual Property Rights

3.15 Pre - Qualification Criteria

Tax The applicant should have a registered number of

3.16 Technical Evaluation Criteria

S. Basic Max Marks Qualification

 > 7 and < = 10 Years = 8 marks

 > 10 Years = 10 marks

 > 10 Years = 20 Crores = 10 marks

3. Experience 1: The bidder should have experience of managing / 10 6  Undertaking by the

 > 7 K – 12 Schools = 10 marks

4. Experience 2: IT The bidder should have experience of managing / 10 6  Undertaking by the

5. Number of Number of Employees: 10 3  Undertaking by the

 > 800 Employees = 10 marks

1. It is mandatory to submit the specified documents in support of the above eligibility

2. Change in Eligibility Criteria: If there is a change in the status of management structure

SIGNATURE OF THE BIDDER WITH RUBBER STAMP

3.17 Commercial Bid

3.18 Validity of the Bid

3.19 Corrections/ Errors in Commercial Bid

3.20 Price and Information

3.22 Conditions under which RFP has been issued