Representation of the interested Bidders / vendors. Item & Specification in the tender Bidder / Vendor s representation Response to bidders

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1 Bid for Purchase of Computer Hardware & related peripherals on behalf of Gujarat Council of Elementary Education, SSA Mission, Gandhinagar Tender No. HWT Representation of the interested Bidders / vendors Sr. no. Clause no./page no. Item & Specification in the tender Bidder / Vendor s representation Response to bidders Eligibility Criteria for the bidder 1 Eligibility Criteria No. 3 Page no. 2 3) The bidder must have at least 25 customer reference sites of local area network installation or 25 reference sites each of minimum 50 machine (Computer) installations, in Gujarat. Customer references & Purchase orders must be attached along with the bid. (Form No. E 4) Kindly confirm if the Bidder can provide the customer reference & Purchase Orders, where Bidder has supplied and installed Local Are Networks and Computers through its Partners. Yes, bidder can provide purchase orders where bidder has supplied and installed Local Area Networks and Computers through their Partners. 2 Eligibility Criteria No. 5 Page no. 2 5) If Multinational OEM would like to participate through their Gujarat based partner, then the partner must be Authorized Service Provider of the MNC. Multinational OEM & their authorized Partner should not participate simultaneously & only one of them should participate. (Form no. E 6) If the OEM bids directly, requested for allowing the use of subcontractors for supply of Chairs, Tables, and execution of Networking cabling (including Switch, SMB, and Cables), and Electrification Subcontractor for Cabling, Chairs, Tables and Electrification limited to only execution of the work is allowed. However the responsibility lies with the bidder. Form no. T2 (TECHNICAL MINIMUM SPECIFICATIONS) Item no. 1 : PC 3 Page no. 13 Change it as CPU : Intel Core i Processor (3M Cache, 3.30 GHz) or higher / AMD A (3.2Ghz, 4MB L2 Cache, 4 Cores, 65W) or higher Latest Intel Pentium G2020 OR AMD A K Processor OR Latest x86 multicore processor based desktop meeting bapco*sysmark * 2007 overall score of 165 or higher OR Bapco * Sysmark * 2007 overall score of 235 or higher 4 Page no. 13 Motherboard : For Intel (Intel H61 chipset or better )/ For AMD (AMD A 55 Chipset or higher) Should have H81/ For AMD A75

2 5 Page no. 13 Bidder has requested to include Microsoft Windows 6 Operating System : Requested to consider BOSS (Bharat Operating System Solutions )Linux 5.0 operating System 7 Latest GNU GPL licensed Operating System(Ubuntu or equivalent) However GIL/ SSAM, Education Department reserves the right to place the order for anyone of the Linux Pre loaded OS depending upon the SSAM, education department choice. The successful bidder should agree to supply Please specify the exact Linux version, so that compatibility of other software like Data Recovery whichever the Linux OS ordered by SSAM, education department. Software can be checked and quote accordingly. Data Recovery Software : Pre loaded software tool that has provision for scheduled backup for restoring OS & data. Should have capability to take backup to external media. (Please specify name of Data Recovery Software) Deleted Please see the revised bid document 8 Page no. 14 Item no. 2 : A4 Size Mono Laser Printer 1 A4 size Laser printer Print Speed: 17 ppm, Print Resolution: 600 x 600 dpi optical Resolution; Processor: Minimum 250 MHz Printer Processor OR Minimum Print speed: 20PPM & Minimum Memory 8MB System processor Utilization; Memory: 2 MB RAM; Interface: Hi Speed USB 2.0 compatible. Item no. 3 : A4 Size Mono Laser Printer 2 9 Page no Since Post script is required RAM must be minimum 256MB RAM for full support of Post script. Speed should be minimum 30PPM and above. 24 ppm, 600 X 600 dpi Resolution, Minimum 350 MHZ Printer Processor or System Processor Utilization, Minimum 32 MB RAM, PCL 5E/Post script support OR equivalent, Automatic Duplex printing, High Speed USB 2.0 and inbuilt Network connectivity Minimum Processor 500MHz or higher & Minimum memory 64MB or higher for Network printer Item no. 4 : 600 VA Line Interactive UPS (with 15 minutes Battery backup) 11 Page no. 14,15 In Technical Specification of UPS add this clause in UPS Category CE and RoHS Certification is mandatory to ensure the International quality standard. Item no. 8 : Network cabling 12 Page no. 17 Necessary LAN cabling in the room for computer lab : 8 port 10/100 Mbps Auto sense unmanageable Switch with necessary CAT 6 Requested to include D LINK as a brand in approved product category for Active products, Passive UTP cabling (Switch: Network Components HCL/DigiLink/DAX/Linksys/Belkin/HPNetworking/Cisco) (Cat 6 cable & I/O: HCL /DigiLink /DAX /Linksys/Belkin/ADC crone) Suggestion accepted. Please see below revised specification Terms & conditions 13 Page no. 3 4 ) The bidder will have to supply, install, maintain and provide training for hardware, software and peripherals and carry out necessary integration at offices located all across Gujarat State. Bidder understand that the 'Users Operational Training' will include only a basic level training to users, on operation of PC, Printers, and UPS, to be given at the time of installation, and no separate training activity will need to be scheduled. Kindly confirm. Users Operational Training will include only a basic level training to users, on operation of PC, Printers, UPS and School Management Software, to be given at the time of installation, and no separate training activity will need to be scheduled

3 14 Page no. 5 Bidder understand that the complete requirement will be released as a single Purchase Order, from GIL, Ahmedabad. Kindly confirm. Yes, Single Purchase order will be placed by GCEE, SSAM ) Delivery & installation: Within 60 working days from the date of confirmed purchase order. As the delivery and installation is to be done in a very large number of locations across Gujrat, and also includes network cabling & electrification, requested to increase the required period for delivery and installation from 60 working days to 90 working days, beyond which LD will be applicable. Delivery installation period should be 120 working days in lieu of 60 Working days. Since There are 9350 delivery/installation locations distributed across Gujarat, hence appropriate time is required Yes, we may accept the suggestion, Please See the revised bid document 17 Page no. 7 44) All equipments are required to be supply, install and maintain at locations at 239 Block Resource centers, 3337 Cluster Resource centers and 5774 schools within the state of Gujarat Who will be the authority to give signoff on the Installation and Acceptance in each of the Block Resource centers, Cluster Resource centers, and Schools? Principal of respective school and Coordinator of BRC & CRC will give signoff on immediate delivery of Computer Hardware & Peripherals and Certificate of Block MIS Coordinator would be required before raising invoices for confirming Installation & Delivery at appropriate places. 18 Page no ) Financially L1 bidder will be decided from the sum total of prices for all line items without tax with 5 years warranty minus buyback rates Requested to exclude the buyback rates from L1 evaluation. 19 Page no ) Penalty Clause 34.1 ) If the bidder fails to deliver and install the requisite hardware and software within 60 working days of the issue of the confirmed purchase order, then a sum equivalent to one percent (1 %) of the total contract value shall be deducted from the payment for each calendar week of delay or part thereof. Requested for Penalty to be calculated on the total value of undelivered products, and not on total contract value. This would ensure, that the Vendor is not penalized for the complete contract value, in case the vendor fails to deliver/install any small portion of the total quantity of materials within the specified period. Requested to consider penalty on undelivered items value instead of total contract value, also request to reduce the penalty from 1% to 0.5% of undelivered items value. 21 Page no ) In the event the Purchaser terminates the Contract in whole or in part, pursuant to Clause 19.1 above, the Purchaser may procure, upon such terms and in such manner, as it deems appropriate, Goods or Services similar to Request for Customer to provide a notice/cure period of 30 days, so that the vendor may take necessary Suggestion accepted those undelivered, and the Bidder shall be liable to the Purchaser for any actions to rectify any defaults, before the customer can initiate any Termination or Risk Purchase. excess costs for such similar Goods or Services. However, the Bidder shall continue the performance of the Contract to the extent not terminated. 22 Page no. 19 Electrification 6252 Kindly help to re confirm if the number of units under 'Electrification' will be 6013 ( ) or 6252? Please see the revised bid document Electrification will be 6491= {5774+(3*239)}. 23 Page no. 1 Request for extension in Bid submission date to 24th Jan Last Date of Receipt of Bid Request to please extend the validity for Last Date of Receipt of Bid till 18th January We have extended the last date of submission as till 1700 hours and bid opening on next working day 25 Page no. 3 Bid Processing fees & E.M.D. must be in the form of Demand Draft in the name of Gujarat Informatics Ltd 26 Page no. 8 For BRC and Schools : Necessary Electrification in the room for computer lab Necessary LAN Cabling in the room for computer lab : 27 Page no. 7 & 8 For BRC and Schools : Computer Table, (without castor wheel) Plastic Moulded Chair with/without arm rest Bidder has requested to consider E.M.D. in form of Bank Guarantee also. Please remove electric & data cabling from the scope & give it to our existing cabling vendor, so that the cabling work will be ready by the time computers reaches to the site Please remove table chair kind of material from the scope & release separate bid for that, we will get better pricing.

4 28 Page no. 4 19) Termination for Default clause 19.1) The Purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default sent to the Bidder, terminate the Contract in whole or part: a) if the bidder fails to deliver any or all of the Goods within 60 working days from the date of purchase order, or within any extension thereof granted by the Purchaser or b) if the Bidder fails to perform any obligation(s) under the Contract/Purchase order. c) If the Bidder, in the judgment of the Purchaser has engaged in corrupt or fraudulent practices in competing for or in executing the Contract. 19.2) In the event the Purchaser terminates the Contract in whole or in part, pursuant to Clause 19.1 above, the Purchaser may procure, upon such terms and in such manner, as it deems appropriate, Goods or Services similar to those undelivered, and the Bidder shall be liable to the Purchaser for any excess costs for such similar Goods or Services. However, the Bidder shall continue the performance of the Contract to the extent not terminated )The Purchaser may, without prejudice to any other remedy for breach of contract, by 30 days written notice of default sent to the Bidder, terminate the Contract in whole or part: 19.2)The Term excess cost as referred herein shall mean cost at which alternative arrangements shall be providing the undelivered goods and/ or services of equivalent specification to GIL under this project minus the cost on which the Bidder agreed to provide the undelivered goods and/or services under this project. Provided further that the Bidder shall not be liable to Excess Cost in excess of (ten) 10 percent of the price of undelivered goods or services for which such option is exercised by the GIL. 29 Page no )The bidder will have to offer the inspection at EQDC, Gandhinagar & in the manner as decided by GIL before delivering to the respective sites or at customer sites. The cost of the same has to be borne by the supplier. Any deviation found in the specification of the produced goods or delivered goods after inspection from the tender specifications will lead to the cancellation of the order, forfeiture of EMD/PBG and prohibition in the participation in the future purchase of Government of Gujarat. GIL/GoG will Bidder has requested to remove forfeiture of EMD/PBG and prohibition in the participation in the not be responsible for any time delay which may arise due to any deviation future purchase of Government of Gujarat from the bid technical specification found at the time of inspection and the bidder has to deliver and install the ordered goods within prescribed time limit. At the time of inspection, bidder is required to produce OEM s confirmation on OEM s Letter head with Sr. nos. of Equipment, Software and Batteries supplied for back to back warranty support as per tender terms & conditions.

5 30 Page no. 6 & 7 Please change it as 34) Penalty Clause 1) If the bidder fails to deliver and install the requisite hardware and software within 60 working days of 34.1) If the bidder fails to deliver and install the requisite hardware and the issue of the confirmed purchase order, then a sum equivalent to one percent (1 %) of the of the software within 60 working days of the issue of the confirmed purchase undelivered deliverable(s)/ service (s) shall be deducted from the payment for each calendar week of order, then a sum equivalent to one percent (1 %) of the total contract value delay or part thereof. shall be deducted from the payment for each calendar week of delay or part thereof. 2 )Delay in excess of 10 weeks will be sufficient to cause for termination of the contract )Delay in excess of 10 weeks will be sufficient to cause for termination of the contract. In that case the Performance Bank Guarantee of the bidder will be forfeited. 3)In case, the selected bidder does not supply the ordered items for any reason even after being served a notice of 30 days to cure the defect, the bidder will be liable to pay the difference amount to the purchaser, which indenter department has to pay to the next or other selected bidder for purpose of the said items. 1.As addressed earlier ) In case, the selected bidder does not supply the ordered items for any reason, the bidder will be liable to pay the difference amount to the purchaser, over and above the performance guarantee, which indenter department has to pay to the next or other selected bidder for purpose of the said items. The Term difference amount as referred herein shall mean cost at which alternative arrangements shall be providing the undelivered goods and/ or services of equivalent specification to GIL under this project minus the cost on which the Bidder agreed to provide the undelivered goods and/or services under this project. Provided further that the Bidder shall not be liable to Excess Cost in excess of (ten) 10 percent of the price of undelivered goods or services for which such option is exercised by the GIL. 31 Page no. 7 41) Force Majeure Shall mean and be limited to the following: a) War / hostilities b) Riot or Civil commotion c) Earthquake, flood, tempest, lightening or other natural physical disaster. d) Restrictions imposed by the Government or other statutory bodies which prevents or delays the execution of the order by the BIDDER. The BIDDER shall advise GIL by a registered letter duly certified by the local statutory authorities, the beginning and end of the above causes of delay within seven (7) days of the occurrence and cessation of such Force Majeure Conditions. In the event of delay lasting over two months, if arising out of causes of Force Majeure, GIL reserves the right to cancel the order. The BIDDER shall advise GIL by a registered letter duly certified by the local statutory authorities, the beginning and end of the above causes of delay within seven (7) days of the occurrence and cessation of such Force Majeure Conditions. In the event of delay lasting over two months, if arising out of causes of Force Majeure, either party reserves the right to cancel the order. Payment shall remain due for the performed part, and the Parties shall promptly settle their accounts accordingly

6 32 Requsted to add New Proposed Clause : Exchange Rate Variation (ERV) Prices of the Goods/Services quoted herein are highly dependent upon imports and foreign exchange rates vis à vis INR. Therefore the prices quoted shall be increased or decreased depending upon the prevailing exchange rate on the Designated Date, as elaborated below: The price in respect of Goods / Services listed in this proposal ( Specified Items ) are based on Foreign Exchange rate of US$ 1 = INR (the Base Rate ) (please specify the exchange rate). In case the Base Rate is not specifically mentioned, SBI s US$ TT Selling Rate as on the closing hours of the date of HCL s proposal shall be treated as the Base Rate. The Parties agree that the prices quoted shall be increased or decreased if the ERV is more than 1% by applying such percentage which is in excess of 1% of Base Rate. The exchange rate variation (ERV) percentage shall be calculated as a percentage increase / decrease signified by the difference in the Current Rate and the Base Rate over the Base Rate, calculated as follows: Current Rate ( ) Base Rate x 100 Base Rate Note for clarification: 1. Current Rate shall mean SBI s US$ TT Selling Rate as on the closing hours of the Designated Date (or the immediately succeeding business day in case Forex markets in India are closed on the Designated Date). Suggestion not accepted, as this is a fix qty. tender. Bidder may do pricing based on $ variation. 2. Designated Date shall mean the date two (2) weeks prior to the agreed scheduled delivery date. In case Designated Date falls on a bank holiday in New Delhi, then the immediately succeeding day shall be treated as the Designated Date. In case the ERV % is up to 1%, then there will be no change in the quoted prices. If the exchange rate variation (ERV) is more than 1% on the Designated Date, then sale price for Specified Items shall stand increased / decreased by the ERV% in excess of 1%. Accordingly, the sale price duly adjusted in accordance with above provisions shall be invoiced to the GIL by HCL. In case of downward adjustment in sale price, calculated in accordance with the aforesaid formula, HCL shall raise invoice at reduced price. However, in case of upward adjustment in sale price, HCL shall issue one week s notice to the GIL to remit the differential payment. In the event differential payment is not received by HCL on or before the delivery date HCL may, at its option (i) ship reduced quantity; or (ii) cancel the order at GIL s risk and expense; or (iii) ship full quantity ordered at higher price thus arrived, in which case HCL shall be entitled to receive the differential payment along with interest at the rate of 18% per annum, for the relevant delayed period, calculated from the delivery date until date of full payment. 33 Requested to add New Proposed Clause : Interest on delayed payment Notwithstanding anything to the contrary contained anywhere in the Agreement, GIL agrees that any delay in payments beyond due date i.e. 30 days from the receipt of invoice, shall automatically bear interest at an annual rate equal to 18% per annum for the relevant delayed period, calculated from the date due until date of realization of full payment.

7 34 Requested to add New Proposed Clause : Acceptance of equipment and software delivered without installation The GIL shall perform a visual and quantitative check of the Equipment/ Software on delivery at site and shall notify the Bidder in writing of any apparent defect, omission or damage. If such notice is not given within ten (10) days, the Equipment/ Software shall be deemed accepted, being in conformity with the packing list and free from apparent defects. 35 Requested to add New Proposed Clause : Pre dispatch inspection The GIL shall inspect the Equipment/ Software before delivery at site as may be agreed between the parties and shall notify the Bidder in writing of any apparent defect, omission or damage, if any. If such notice is not given within two (2) days, the Equipment/ Software shall be deemed accepted, being in conformity with the specifications of GIL and free from apparent defects / deviations.

8 36 Requsted to add New Proposed Clause : Deemed Acceptance The Deliverable(s)/Equipment(s)/Software(s)/Product(s) which requires acceptance test shall be deemed to be accepted (without requiring supporting signatures of the GIL), for the purpose of release of payment and for start of the warranty period and otherwise, on occurrence of any one of following events, whichever occurs earliest: a. if GIL fails to conduct or attend the acceptance test or does not provide a written notice of any rejection/confirmation of acceptance test, within seven (7) days from the date of Test readiness notification by the Bidder, or b. if GIL puts the Deliverable(s)/Equipment(s)/Software(s)/Product(s) into operational/ productive/ normal use prior to successful acceptance test, or c. if Equipment(s)/Software(s)/Deliverable(s)/Product(s) has been installed but, due to reasons beyond the control of the Bidder, it has not been possible during a period of three (3) days from the date of notice by the Bidder, to proceed with the acceptance tests. 37 Requsted to add New Proposed Clause : Arbitration The GIL and the Bidder shall make every effort to resolve amicably by direct negotiations any disagreement or dispute between them on any matter connected with the contract or in regard to the interpretation of the context thereof. If, after seven (7) days from the commencement of negotiations, the GIL and the Bidder have not been able to resolve amicably a contract dispute, such differences and disputes shall be referred, at the option of either party, to the arbitration of one single arbitrator to be mutually agreed upon and in the event of no consensus, the arbitration shall be done by three arbitrators, one to be nominated by the GIL, one to be nominated by the Bidder and the third arbitrator shall be nominated by the two arbitrators nominated as above. The arbitration proceedings shall be in accordance with the Arbitration and Conciliation Act Requested to add New Proposed Clause : Limitation of Liability Notwithstanding anything to the contrary contained in the contract, Bidder s aggregate liability arising out of or in connection with the contract, whether based on contract, tort, statutory warranty or otherwise, shall be limited to a maximum of 10% of the contract value. The Bidder shall not be liable for any special, indirect, incidental or consequential damages of any kind including but not limited to loss of use, data, profit, income, business, anticipated savings, reputation, and more generally, any loss of an economic or financial nature, whether these may be deemed as consequential or arising directly and naturally from the incident giving rise to the claim. Suggestion accepted, Please see the revised bid document 39 Requested to add New Proposed Clause : Deemed Installation Notwithstanding anything to the contrary, if upon receiving the goods / deliverables / equipments the GIL within 30 days from the receipt of the goods / deliverables / equipments does not send a request to the vendor to install the goods / deliverables / equipments, then on the 30th day the goods / deliverables / equipments shall be deemed to have been successfully installed and such a date shall entitle the Bidder to commence the warranty period and receive the payment due after installation. 40 Propose the inclusion of below Limitation of Liability clause: HP s liability to Customer under this Agreement is limited to the amount payable by Customer to HP for the relevant Order. Neither Customer nor HP will be liable for lost revenues or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages. As addressed earlier